ITO, New Delhi V. M/s. Nirvan Clothing Co. Pvt. Ltd., New Delhi

ITA 1064/DEL/2017

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 9557 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 4 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-07-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2013-2014
• Appeal Filed On: 23-02-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Depreciation; Tax effect

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI E BENCH, NEW DELHI BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER, AND MS. SUCHITRA KAMBLE, JUDICIAL MEMBER ITA NO. 1064 / DEL /201 7 [A.Y 20 1 3 - 1 4 ] THE I.T .O VS. M/S NIRVA N CLOTHING CO. PVT LTD WARD 18(3) A 41, MAYAPURI INDUSTRIAL AREA NEW DELHI PHASE - I , NEW DELHI PAN NO: AA ACN 2430 N [APPELLANT] [RESPONDENT] DATE OF HEARING : 02 . 0 7 .201 9 DATE OF PRONOUNCEMENT : 02 . 0 7 .201 9 ASSESSEE BY : NONE REVENUE BY : MS. RINKU SINGH , SR. DR ORDER PER N.K. BILLAIYA , ACCOUNTANT MEMBER: TH IS APPEAL BY THE REVENUE IS PREFERRED AGAINST THE ORDER OF THE LD. CIT(A) 6 , NEW DELHI DATED 01 . 12 .20 16 PERTAINING TO A.Y 20 1 3 - 1 4 . 2 2. THE SOLITARY GRIEVANCE OF THE REVENUE IS THAT THE CIT(A) ERRED IN ALLOWING DEPRECIATION OF RS. 38.76 LAKHS . 3. THE GRIEVANCE OF THE REVENUE ITSELF SHOWS THAT THE TAX EFFECT IN THIS APPEAL IS LESS THAN RS. 20 LAKHS. THIS APPEAL BY THE REVENUE HAS TO BE DISMISSED IN THE LIGHT OF THE CBDT CIRCULAR NO. 3/2018 DATED 11.07.2018 BY WHICH THE BOARD HAS REVISED T HE MONETARY LIMIT FOR FILING OF APPEALS BY THE DEPARTMENT BEFORE THE ITAT AND THE MONETARY LIMIT HAS BEEN FIXED AT RS. 20 LAKHS. THE BOARD AT CLAUSE 13 OF THE SAID CIRCULAR HAS CLARIFIED AS UNDER: THIS CIRCULAR WILL APPLY TO SLPS/APPEALS/CROSS OBJECTIONS/REFERENCES TO BE FILED HENCEFORTH IN SUPREME COURT/HIGH COURT/TRIBUNAL AND IT SHALL ALSO APPLY RETROSPECTIVELY TO PENDING SLPS/APPEALS/CROSS OBJECTIONS/ REFERENCES. THE PENDING APPEALS BELOW THE SPECIFIED TAX LIMIT IN PARA 3 ABOVE MAY BE WITHDR AWN/NOT PRESSED. 4. IN THE LIGHT OF THE AFORESAID CBDT CIRCULAR, THE APPEAL FILED BY THE REVENUE IS DISMISSED. 3 5 . IN THE RESULT, THE APPEAL OF THE REVENUE IN ITA NO. 1064 /DEL/201 7 IS DISMISSED. THE ORDER IS PRON OUNCED IN THE OPEN COURT ON 02 . 0 7 .201 9 . SD/ - SD/ - [ SUCHITRA KAMBLE ] [N.K. BILLAIYA] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 2 ND JU LY , 201 9 VL/ COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(A) 5 . DR ASST. REGISTRAR ITAT, NEW DELHI 4 DATE OF DICTATION DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.PS/PS DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.PS/PS DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT DATE ON WHICH THE FILE GOES TO THE BENCH CLERK DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER