ACIT, New Delhi V. M/s Mani Capitals Ltd, Kanpur

ITA 102/DEL/2016

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 6104 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 6 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-08-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2009-2010
• Appeal Filed On: 07-01-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NAINA SOIN KAPIL
• Assessee Lawyers: SANDEEP CHADHA
• Keywords: Tax effect
• Section: 271(1)(c)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES D : DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI T.S. KAPOOR, ACCOUNTANT MEMBER ITA.NO.102/DEL./2016 ASSESSMENT YEAR 2009-2010 THE ACIT, CENTRAL CIRCLE-17 [PREVIOUSLY KNOWN AS CC- 08], ROOM NO.103, HALL NO.1, 1 ST FLOOR, ARA CENTRE, JHANDEWALAN EXTN., NEW DELHI. VS. M/S. MANI CAPITALS LTD., 14, RATAN MAHAL, 15/197, CIVIC LINES, KANPUR. UTTAR PRADESH. PAN AAACD4969L (APPELLANT) (RESPONDENT) FOR REVENUE : SHRI NAINA SOIN KAPIL, SR. DR FOR ASSESSEE : SHRI SANDEEP CHADHA, C.A. DATE OF HEARING : 05 .0 8 .201 9 DATE OF PRONOUNCEMENT : 05 .0 8 .201 9 ORDER PER BHAVNESH SAINI, J.M. THIS APPEAL BY REVENUE HAS BEEN DIRECTED AGAINST THE ORDER OF THE LD. CIT(A)-25, DELHI, DATED 31.10.2015, FOR THE A.Y. 2009-2010, CHALLENGING THE DELETION OF PENALTY OF RS.17,28,990/- UNDER SECTION 271(1)(C) OF THE I.T. ACT, 1961. 2 ITA.NO.102/DEL./2016 M/S. MANI CAPITALS LTD., KANPUR, U.P. 2. ADMITTEDLY, THE TAX EFFECT IN THE PRESENT APPEAL IS LESS THAN RS.20 LAKHS. VIDE CIRCULAR NO.3/2018DATED 11 TH JULY, 2018 ISSUED BY CBDT, IT HAS BEEN DIRECTED THAT THE DEPARTMENT SHALL NOT FILE APPEAL BEFORE THE TRIBUNAL IN CASE WHERE THE TAX EFFECT DOES NOT EXCEED THE MONETARY LIMIT OF RS.20 LAKHS. IT IS ALSO DIRECTED THAT THIS INSTRUCTION WILL APPLY RETROSPECTIVELY TO PENDING APPEALS AND APPEALS TO BE FILED HENCEFORTH IN TRIBUNALS. PENDING APPEALS BELOW THE SPECIFIED TAX LIMIT MAY BE WITHDRAWN/NOT PRESSED. THE LD. D.R. IN VIEW OF THE BOARDS CIRCULAR ABOVE DID NOT PRESS THE DEPARTMENTAL APPEAL. THE CASE OF THE DEPARTMENT WOULD NOT FALL IN THE EXCEPTIONS PROVIDED IN THE ABOVE BOARD CIRCULAR. IN THE RESULT, THE DEPARTMENTAL APPEAL IS NOT MAINTAINABLE AS THE APPEAL IS FILED AGAINST THE BOARD INSTRUCTIONS REFERRED TO ABOVE AND THEREFORE, THE APPEAL OF THE DEPARTMENT IS LIABLE TO BE DISMISSED. 3. IN THE RESULT, APPEAL OF REVENUE DISMISSED. 3 ITA.NO.102/DEL./2016 M/S. MANI CAPITALS LTD., KANPUR, U.P. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (T.S. KAPOOR) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER DELHI, DATED 05 TH AUGUST, 2019 VBP/- COPY TO 1. THE APP ELLANT 2. THE RESPONDENT 3. CIT(A) CONCERNED 4. CIT CONCERNED 5. D.R. ITAT D BENCH, DELHI 6. GUARD FILE. // BY ORDER // ASSISTANT REGISTRAR : ITAT DELHI BENCHES : DELHI.