ITO, New Delhi V. Sh. Sunny Sharma, New Delhi

ITA 1101/DEL/2013

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 6922 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 4 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-07-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 13-07-2016
• Assessment Year: 2008-2009
• Appeal Filed On: 26-02-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Retrospective amendment; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : G : NEW DELHI BEFORE SHRI H.S. SIDHU, JM & SHRI O.P. KANT, AM ITA NO.1101/DEL/2013 ASSESSMENT YEAR : 2008-09 ITO, WARD-22(2), NEW DELHI . VS. SUNNY SHARMA, DDA FLAT NO.76, POCKET-8, SUKHDEV VIHAR, NEW DELHI. PAN: AROPS9197F ASSESSEE BY : SHRI SALIL AGGARWAL, ADVOCATE DEPTT. BY : NONE DATE OF HEARING : 13.07.2016 DATE OF PRONOUNCEMENT : 14.07.2016 ORDER PER H.S. SIDHU, JM: THIS APPEAL BY THE REVENUE ARISES OUT OF THE ORDER PASSED BY THE CIT(A) ON 28.12.2012 IN RELATION TO THE ASSE SSMENT YEAR 2008-09. ITA NO.1101/DEL/2013 2 2. 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. NONE WAS PRESENT ON BEHALF OF THE REVENUE. 3. WE HAVE HEARD THE LD. AR AND PERUSED THE RELEVAN T MATERIAL ON RECORD. GOING BY THE PRESCRIPTION OF TH E AFORENOTED CIRCULAR, WE ARE OF THE VIEW THAT THE REVENUE SHOUL D HAVE EITHER NOT FILED THE INSTANT APPEAL BEFORE THE TRIB UNAL OR WITHDRAWN THE SAME AS THE TAX EFFECT IN THIS APPEAL IS ADMITTEDLY LESS THAN THE PRESCRIBED LIMIT FOR NOT F ILING THE APPEALS. FROM PARA 10 OF THE ABOVE CIRCULAR IT IS PALPABLE THAT THE INSTRUCTION IS APPLICABLE TO THE PENDING APPEAL S ALSO WITH RETROSPECTIVE EFFECT AND THERE IS A CLEAR-CUT DIREC TION TO THE ITA NO.1101/DEL/2013 3 DEPARTMENT TO WITHDRAW OR NOT PRESS SUCH APPEALS FI LED BEFORE THE ITAT WHEREIN TAX EFFECT IS LESS THAN RS.10,00,0 00/-. EX CONSEQEUNTI WE DISMISS THE INSTANT APPEAL WITHOUT GOING INTO MERITS OF THE CASE. 4. IN THE RESULT, THE APPEAL OF THE REVENUE STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 14.07.2016. SD/- SD/- [O.P. KANT] [H.S. SIDHU] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED, 14 TH JULY, 2016. DK COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR, ITAT AR, ITAT, NEW DELHI.