ACIT, New Delhi V. M/s. ELEL Hotels & Investment Ltd., Mumbai

ITA 1081/DEL/2014

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 8002 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 2 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-05-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 02-05-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 25-02-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MANOJ KUMAR CHOPRA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: B NEW DELHI BEFORE SMT DIVA SINGH, JUDICIAL MEMBER AND SHRI L. P. SAHU, ACCOUNTANT MEMBER I.T.A .NO.-1081/DEL/2014 (ASSESSMENT YEAR-2009-10) ACIT CIRCLE-13 NEW DELHI (APPELLANT) VS ELEL HOTELS & INVESTMENT LTD. HOTEL SEA ROCK, BAND STAND, B. J. ROAD, BANDRA (W)., MUMBAI PAN-AAACE2846 (RESPONDENT) APPELLANT BY SH. MANOJ KUMAR CHOPRA, SR. DR RESPONDENT BY SH. AJAY WADHWA, ADV ORDER PER DIVA SINGH, JM THE PRESENT APPEAL HAS BEEN FILED BY THE REVENUE AS SAILING THE CORRECTNESS OF THE ORDER DATED 19/12/2013 PASSED BY CIT (A)-I, NEW DELHI, PERTAINING TO ASSESSMENT YEAR 2009-10. 2. IT WAS A COMMON STAND OF THE PARTIES BEFORE THE BENCH THAT THE APPEAL OF THE REVENUE IS NOT MAINTAINABLE IN THE LIGHT OF THE CBDT CIRCULAR NO.21/2015 DATED 10TH DECEMBER, 2015 AS IT IS QUA THE ADDITION OF RS.24,08,663/- DELETED IN APPEAL. ON CONSIDERATION OF THE FACTS ON RECORD AND THE AFORESAID CIRCULAR OF THE CBDT, THE LD. SR. DR FAIRLY CONCEDED THAT THE D EPARTMENTAL APPEAL HAS BEEN FILED WHEREIN THE TAX EFFECT INVOLVED IS MUCH LESS THAN RS.10 LAKH. 3. WE HAVE HEARD THE SUBMISSIONS OF THE PARTIES ON THIS ISSUE AND PERUSED THE MATERIAL ON RECORD. WE FIND THAT THE CBDT VIDE THE AFORESAID CIRCULAR DATED 10.12.2015 HAS REVISED THE MONETARY LIMIT TO RS.10 LAKH FOR FILING THE APPEAL BY THE DEPARTMENT BEFORE INCOME TAX APPELLAT E TRIBUNAL. VIDE PARA 10 OF THE AFORESAID CIRCULAR PARA 3 HAS BEEN MADE APPL ICABLE RETROSPECTIVELY. DATE OF HEARING 05.05.2016 DATE OF PRONOUNCEMENT 06.05.2016 I.T.A .NO.-1081/DEL/2014 PAGE 2 OF 2 CONSIDERING THE SETTLED LEGAL PRECEDENT THAT THE BO ARDS INSTRUCTIONS OR DIRECTIONS ISSUED TO THE INCOME TAX AUTHORITIES U/S 268A OF THE INCOME TAX ACT, 1961 ARE BINDING ON THE AUTHORITIES, WE DISMIS S THE DEPARTMENTAL APPEAL CONSIDERING THE MATERIAL AVAILABLE ON RECORD. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 06 OF MAY 2016. SD/- SD/- (L. P. SAHU) (DIVA SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED:-06/05/2016 *R. NAHEED /AMIT KUMAR* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI