DCIT, New Delhi V. M/s. ASG Overseas Pvt. ltd., New Delhi

ITA 1079/DEL/2015

• Counselvise Citation: [2018] 112 COUNSELVISE.COM (IT) 5556 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 8 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-11-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2006-2007
• Appeal Filed On: 23-02-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S S RANA
• Assessee Lawyers: SJAY BHAGWANI
• Keywords: Retrospective amendment; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: A NEW DELHI BEFORE SHRI N.K.SAINI, VICE PRESIDENT & SHRI K.NARASIMHA CHARY, JUDICIAL MEMBER ITA NO.509/DEL/2015 ASSESSMENT YEAR 2006-07 DY. COMMISSIONER OF INCOME-TAX CENTRAL CIRCLE-32, NEW DELHI ( APPELLANT) VS BPTP RESORTS PVT. LTD M-11, MIDDLE CIRCLE, CANNAUGHT CIRCUS, NEW DELHI 110001 PAN: AAACR5360H (RESPONDENT) ITA NO.1079/DEL/2015 ASSESSMENT YEAR 2006-07 DY. COMMISSIONER OF INCOME-TAX CENTRAL CIRCLE-32, NEW DELHI ( APPELLANT) VS M/S. ASG OVERSEAS PVT. LTD. M-11, MIDDLE CIRCLE, CANNAUGHT CIRCUS, NEW DELHI 110001 PAN: AAACA9248D (RESPONDENT) ASSESSEE BY SH SJAY BHAGWANI, CA REVENUE BY SH. S.S. RANA, C IT DR DATE OF HEARING 09.11.2018 DATE OF PRONOUNCEMENT 09.11.2018 2 ORDER PER K.NARASIMHA CHARY THESE APPEALS FILED BY THE REVENUE ARE DIRECTED AGAINST THE ORDERS PASSED BY THE LEARNED COMMISSIONER OF INCOME-TAX(APPEALS)-XXXIII, NEW DELHI AND LEARNED COMMISSIONER OF INCOME-TAX(APPEALS)-XXX, NEW DELHI RESPECTIVELY (CIT(A)) IN RELATION TO ASSESSMENT YEAR 2006-07. 2. AT THE OUTSET, THE LEARNED COUNSEL FOR THE ASSESSEES SUBMITTED THAT THESE APPEALS OF THE REVENUE ARE NOT MAINTAINABLE AS THE TAX EFFECT INVOLVED IN THESE CASES IS LESS THAN RS.20 LACS, IN VIEW OF THE LOW TAX EFFECT OF THE APPEAL AND THE IMPACT OF CIRCULAR NO. 03 OF 2018, DATED 11TH JULY, 2018 ISSUED BY THE CBDT THEREON. 3. WE HAVE HEARD THE PARTIES. IT IS FOUND THAT PURSUANT TO THE MANDATE OF SECTION 268A, THE CBDT HAS ISSUED CIRCULAR NO. 03 OF 2018, DATED 11TH JULY, 2018 WITH RETROSPECTIVE EFFECT, REVISING THE MONETARY LIMIT TO RS.20,00,000/- FOR NOT FILING APPEALS BEFORE THE TRIBUNAL. IT IS FURTHER FOUND THAT AS THE TAX EFFECT INVOLVED IN THE INSTANT APPEAL IS LESS THAN RS.20,00,000/-, THE EXTANT APPEAL IS NOT MAINTAINABLE. THE LD. D.R., ALTHOUGH SUPPORTED THE ORDER 3 OF THE ASSESSING OFFICER, BUT COULD NOT CONTROVERT THE FACT THAT TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.20,00,000/-. 4. GOING BY THE PRESCRIPTION OF THE AFORENOTED CIRCULAR, IT IS PALPABLE THAT THE INSTRUCTION IS APPLICABLE TO THE PENDING APPEALS ALSO WITH RETROSPECTIVE EFFECT AND THERE IS A CLEAR-CUT DIRECTION TO THE DEPARTMENT TO WITHDRAW OR NOT PRESS SUCH APPEALS FILED BEFORE THE ITAT, WHEREIN TAX EFFECT IS LESS THAN RS.20,00,000/-. WE ARE, THEREFORE, OF THE VIEW THAT THE REVENUE SHOULD HAVE EITHER NOT FILED THE INSTANT APPEALS BEFORE THE TRIBUNAL OR WITHDRAWN THE SAME AS THE TAX EFFECT IN THIS CASE IS ADMITTEDLY LESS THAN THE PRESCRIBED LIMIT, I.E., RS. 20,00,000/- FOR NOT FILING THE APPEAL. ACCORDINGLY, WE DISMISS THE INSTANT APPEAL WITHOUT GOING INTO MERITS OF THE CASE. 5. THE LD. DR HAS BROUGHT TO OUR NOTICE A LETTER DATED 20.08.2018 OF THE DIRECTOR (ITJ), CBDT, NEW DELHI ADDRESSED TO ALL THE PRINCIPAL CCITS IN WHICH PARA NO. 10 OF THE EARLIER CIRCULAR DATED 11.7.2018, ENUMERATING CERTAIN INSTANCES IN WHICH THE APPEALS SHOULD BE CONTESTED NOTWITHSTANDING THE LOW TAX EFFECT, HAS BEEN REVISED. HE, HOWEVER, COULD NOT PLACE ANY MATERIAL ON RECORD TO DEMONSTRATE THAT THE ABOVE APPEAL IS COVERED BY THE AMENDED PARA OF THE CIRCULAR. UNDER THESE CIRCUMSTANCES, WE DISMISS THE APPEALS FILED BY THE REVENUE AND GIVE LIBERTY TO THE DEPARTMENT TO FILE MISCELLANEOUS APPLICATIONS, IF IT IS 4 FOUND THAT EITHER THE TAX EFFECT IS MORE THAN THE PRESCRIBED LIMIT OF RS.20,00,000/- OR THE APPEALS GETS COVERED IN THE REVISED PARA 10 OF THE LETTER DATED 20.08.2018. ACCORDINGLY, THE APPEALS OF THE REVENUE STAND DISMISSED. 6. IN THE RESULT, THE APPEALS OF THE REVENUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 09TH NOVEMBER, 2018. SD/- SD/- (N.K.SAINI) (K. NARASIMHA CHARY) VICE PRESIDENT JUDICIAL MEMBER DATED: 09TH NOVEMBER, 2018 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI DRAFT DICTATED ON 09.11.2018 DRAFT PLACED BEFORE AUTHOR 09.11.2018 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. APPROVED DRAFT COMES TO THE SR.PS/PS KEPT FOR PRONOUNCEMENT ON DATE OF UPLOADING ORDER ON THE WEBSITE FILE SENT TO THE BENCH CLERK DATE ON WHICH FILE GOES TO THE AR DATE ON WHICH FILE GOES TO THE HEAD CLERK. DATE OF DISPATCH OF ORDER.