DCIT, New Delhi V. USG Buildwell Pvt. Ltd., New Delhi

ITA 1076/DEL/2015

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 7141 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 4 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-07-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC 1
• Next Hearing Date: 18-07-2016
• Assessment Year: 2006-2007
• Appeal Filed On: 23-02-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: AJAY BHAGWANI
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : SMC-I : NEW DELHI BEFORE SHRI R.S. SYAL, ACCOUNTANT MEMBER ITA NO.1076/DEL/2015 ASSESSMENT YEAR : 2006-07 DCIT, CENTRAL CIRCLE-32, NEW DELHI. VS. USG BUILDWELL PVT. LTD., M-11, MIDDLE CIRCLE, CONNAUGHT CIRCUS, NEW DELHI. PAN: AAACU4507B (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI AJAY BHAGWANI, FCA DEPARTMENT BY : NONE DATE OF HEARING : 18.07.2016 DATE OF PRONOUNCEMENT : 19.07.2016 ORDER PER R.S. SYAL, AM: THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAIN ST THE ORDER PASSED BY THE CIT(A) ON 21.11.2014 IN RELATION TO T HE ASSESSMENT YEAR 2006-07. 2. THE DEPARTMENT HAS REQUESTED FOR ADJOURNMENT IN ALL THE CASES, INCLUDING THE PRESENT CASE, FIXED TODAY FOR HEARING BEFORE THE BENCH BY ITA NO.1076/DEL/2015 2 GIVING THE REASON THAT: CIT( DR) IS NOT AVAILABLE. THERE IS NEITHER ANY ONE FROM THE SIDE OF THE REVENUE TO REPRESENT THE R EVENUE NOR TO EXPLAIN THE REASONS AS TO WHY THE BENCH BE ALLOWED TO CRASH . THE LD. AR STRONGLY OPPOSED TO THE GRANTING OF ADJOURNMENT. I AM SATISFIED THAT THE REVENUES PRAYER FOR ADJOURNMENT CANNOT BE ACCEPTED . THE SAME IS, THEREFORE, REJECTED AND THE APPEAL IS BEING TAKEN U P FOR DISPOSAL ON MERITS EX PARTE QUA THE REVENUE. 3. DURING THE COURSE OF HEARING, THE LD. AR SUBMITT ED THAT PURSUANT TO THE MANDATE OF SECTION 268A, THE CBDT H AS ISSUED CIRCULAR NO. 21 OF 2015 DATED 10.12.2015 WITH RETRO SPECTIVE EFFECT, REVISING THE MONETARY LIMIT TO RS.10,00,000 /- FOR NOT FILING APPEALS BEFORE THE TRIBUNAL. HE FURTHER SUB MITTED THAT AS THE TAX EFFECT INVOLVED IN THE INSTANT APPEAL IS LESS THAN RS.10,00,000/-, THE EXTANT APPEAL IS NOT MAINTAINAB LE. 4. I HAVE HEARD THE LD. AR AND PERUSED THE RELEVANT MATERIAL ON RECORD. GOING BY THE PRESCRIPTION OF THE AFORENO TED CIRCULAR, I AM OF THE VIEW THAT THE REVENUE SHOULD HAVE EITHER ITA NO.1076/DEL/2015 3 NOT FILED THE INSTANT APPEAL BEFORE THE TRIBUNAL OR WITHDRAWN THE SAME AS THE TAX EFFECT IN THIS APPEAL IS ADMITT EDLY LESS THAN THE PRESCRIBED LIMIT FOR NOT FILING THE APPEALS. F ROM PARA 10 OF THE ABOVE CIRCULAR IT IS PALPABLE THAT THE INSTRUCT ION IS APPLICABLE TO THE PENDING APPEALS ALSO WITH RETROSP ECTIVE EFFECT AND THERE IS A CLEAR-CUT DIRECTION TO THE DEPARTMEN T TO WITHDRAW OR NOT PRESS SUCH APPEALS FILED BEFORE THE ITAT WHEREIN TAX EFFECT IS LESS THAN RS.10,00,000/-. EX CONSEQEUNTI I DISMISS THE INSTANT APPEAL WITHOUT GOING INTO MER ITS OF THE CASE. 5. IN THE RESULT, THE APPEAL OF THE REVENUE STANDS DISMISSED. THE ORDER PRONOUNCED IN THE OPEN COURT ON 19.07.20 16. SD/- [R.S. SYAL] ACCOUNTANT MEMBER DATED, JULY, 2016. DK ITA NO.1076/DEL/2015 4 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR, ITAT AR, ITAT, NEW DELHI.