DCIT, New Delhi V. M/s. Super Belts Pvt. Ltd., New Delhi

ITA 1078/DEL/2015

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 2756 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 1 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-03-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2009-2010
• Appeal Filed On: 23-02-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: KAUSHLENDRA TIWARI
• Assessee Lawyers: AJAY BHAGWANI
• Keywords: Tax effect
• Section: 2

Judgement Text

IN THE INCOME-TAX APPELLATE TRIBUNAL, DELHI BENCH G, NEW DELHI BEFORE : SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI L.P. SAHU, ACCOUNTANT MEMBER ITA NO. 1078/DEL./2015 ASSESSMENT YEAR: 2009-10 D.C.I.T., CENTRAL CIRCLE - 32 NEW DELHI (APPELLANT) VS. SUPER BELTS PVT. LTD., M - 11, MIDDLE CIRCLE, CONNAUGHT CIRCUS, NEW DELHI.(PAN AAGCS3368G) (RESPONDENT) APPELLANT BY SHRI KAUSHLENDRA TIWARI, SR. DR RESPONDENT BY SHRI AJAY BHAGWANI, ADVOCATE ORDER PER L.P. SAHU, A.M.: THIS APPEAL BY THE REVENUE ARISES OUT OF THE ORDER PASSED BY THE CIT(A) IN RELATION TO THE CAPTIONED ASSESSMENT YEAR. 2. DURING THE COURSE OF HEARING, THE LD. DR, ALTHO UGH SUPPORTED THE ORDER OF THE ASSESSING OFFICER, BUT COULD NOT CONTROVERT THE FACT THAT TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.10,00,000/- AND AS SUCH THE APPEAL IS NOT MAINTAINABLE BY VIRTUE OF CIRCULAR OF CBDT NO. 21 OF 2015 DATED 10.12.2015, REVISING THE MONETARY LIMIT TO RS.10,00 ,000/- FOR NOT FILING APPEALS BEFORE THE TRIBUNAL. 3. HAVING CONSIDERED THE MATERIAL ON RECORD, WE FIN D THAT THE ABOVE CIRCULAR OF CBDT ON PECUNIARY LIMIT HAS NOW STATUTO RY FORCE WITHIN THE DATE OF HEARING 27.03.2018 DATE OF PRONOUNCEMENT 27.03.2018 ITA NO. 1078/DEL./2015 2 PROVISIONS OF SECTION 268A OF THE IT ACT. THESE INS TRUCTIONS ARE APPLICABLE TO THE PENDING APPEALS ALSO AND THERE IS A CLEAR CUT I NSTRUCTION TO THE DEPARTMENT TO WITHDRAW OR NOT TO PRESS SUCH APPEALS FILED BEFO RE THE ITAT WHEREIN TAX EFFECT IS LESS THAN RS.10,00,000/-. IT GOES WITHOU T SAYING THAT THE BOARDS INSTRUCTIONS OR DIRECTIONS ISSUED TO THE INCOME-TAX AUTHORITIES ARE BINDING UPON THEM. GOING BY THE PRESCRIPTION OF THE AFORE-N OTED CIRCULAR, AND WITHOUT GOING INTO MERITS OF THE CASE, WE DISMISS THE INSTA NT APPEAL FILED BY THE REVENUE AS TAX EFFECT INVOLVED IN THIS APPEAL IS LE SS THAN RS.10.00 LACS. 4. IN THE RESULT, THE APPEAL OF THE REVENUE STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 27 TH MARCH, 2018. SD/- SD/- (BHAVNESH SAINI) (L.P. SA HU) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 27 TH MARCH, 2018 *AKS* COPY OF ORDER FORWARDED TO: (1) THE APPELLANT (2) THE RESPONDENT (3) COMMISSIONER (4) CIT(A) (5) DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES, NEW DELHI