ACIT, New Delhi V. M/s. Sidh Automobiles Ltd., New Delhi

ITA 110/DEL/2016

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 3427 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 10 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-11-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2011-2012
• Appeal Filed On: 07-01-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DEEPALI CHANDRA
• Keywords: Tax effect
• Section: 271D

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH D, NEW DELHI !' !' !' !' $ $$ $ $ $$ $' ' ' ' &' & &' & &' & &' & ( ( ( ( BEFORE MS. SUSHMA CHOWLA, JUDICIAL MEMBER & SH.O.P.KANT, ACCOUNTANT MEMBER ' ' ' '$ $$ $ / ITA NO.110/DEL/2016 )) )) )) )) / ASSESSMENT YEAR: 2011-12 THE ACIT, CENTRAL CIRCLE-28, ROOM NO.317, ARA CENTRE, JHANDEWALAN EXTN., NEW DELHI-110055. .......... *+ /APPELLANT VS SIDH AUTOMOBILES LTD., 1 ST FLOOR, 14, NAZAFGARH ROAD, NEW DELHI-122002. PAN-AAACS1312A . ,-*+ / RESPONDENT *+.& / APPELLANT BY : SMT. DEEPALI CHANDRA, CIT DR ,-*+.& / RESPONDENT BY : NONE .' / DATE OF HEARING: 26.11.2019 /0.' / DATE OF PRONOUNCEMENT: 26.11.2019 & & & & / ORDER PER SUSHMA CHOWLA, JM: THE APPEAL FILED BY REVENUE IS AGAI NST ORDER OF CIT(A)-29, NEW DELHI DATED 16.10.2015 RELATING TO A SSESSMENT YEAR 2011-12 PASSED UNDER SECTION 271D OF THE INCOME-TAX ACT, 1961 (IN SHORT ACT). 2 ITA NO.110/DEL/2016 ASSESSMENT Y EAR: 2011-12 2. DESPITE SERVICE OF NOTICE, NONE APPEARED ON BEHA LF OF THE ASSESSEE. 3. HOWEVER, LD. DR FOR THE REVENUE POINTED OUT THAT THE PRESENT APPEAL IS TO BE WITHDRAWN AS THE TAX EFFECT INVOLVE D IN THE CASE IS BELOW RS.50 LACS. 4. THE CBDT VIDE CIRCULAR NO.17/2019 DATED 08.08.20 19 HAS REVISED THE MONETARY LIMIT FOR FILING THE APPEALS BEFORE TH E TRIBUNAL TO RS.50 LACS. FURTHER, CBDT VIDE LETTER DATED 20.08.2019 H AS ALSO CLARIFIED THAT CIRCULAR NO.17/2019 WOULD BE APPLICABLE TO ALL PEND ING APPEALS. IN SUCH CIRCUMSTANCES, THE PRESENT APPEAL FILED BY THE REVE NUE IN CASE OF LOW TAX EFFECT IS NOT MAINTAINABLE. 5. BEFORE PARTING, WE CLARIFY HERE THAT THE REVENUE SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR RE-INSTITUTION OF APPE AL, IF THE REQUISITE MATERIAL IS BROUGHT TO SHOW THAT THE APPEAL IS PROT ECTED BY THE EXCEPTIONS PRESCRIBED IN PARA 10 OF THE CIRCULAR DA TED 11.07.2018. 6. IN CONCLUSION, BY APPLYING THE CBDT CIRCULAR DAT ED 08.08.2019 AND LETTER DATED 20.08.2019 (SUPRA), THE CAPTIONED APPEAL OF THE REVENUE IS DISMISSED AS WITHDRAWN/NOT PRESSED. 7. IN THE RESULT, THE APPEAL OF REVENUE IS DISMISSE D. ORDER PRONOUNCED IN THE OPEN COURT ON 26 TH DAY OF NOVEMBER, 2019. SD/- SD/- (O.P.KANT) (SUSHMA CHOW LA) &' &' &' &' /ACCOUNTANT MEMBER /JUDICIAL MEMBER / ' DATED : 26 TH NOVEMBER, 2019 . * AMIT KUMAR * 3 ITA NO.110/DEL/2016 ASSESSMENT Y EAR: 2011-12 &.,23&24 COPY OF THE ORDER IS FORWARDED TO : 1. *+ / THE APPELLANT 2. ,-*+ / THE RESPONDENT 3. 5 6 7 / THE CIT(A) 4. 8 5 / THE PR. CIT 5. 6. 29:, / DR, ITAT, DELHI :);4 GUARD FILE. & & & & / BY ORDER , -2, // TRUE COPY // => ? , ASSISTANT REGISTRAR, ITAT, DELHI