ITO, New Delhi V. M/s. GECAS Services (India Pvt. Ltd.), New Delhi

ITA 1113/DEL/2015

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 2197 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 6 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2010-2011
• Appeal Filed On: 25-02-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUBHAKANT SAHU
• Keywords: Retrospective amendment; Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : I-1 : NEW DELHI BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI K.NARASIMHA CHARY, JUDICIAL MEMBER ITA NO.1113/DEL/2015 ASSESSMENT YEAR : 2010-11 ITO, WARD-10(1), NEW DELHI. VS. GECAS SERVICES (INDIA) PVT. LTD., 401,402, 4 TH FLOOR, AGGARWAL MILLENNIUM TOWER, NETAJI SUBHASH PLACE, WAZIRPUR, NEW DELHI. PAN: AACCG4316Q (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI SACHIT JOLLY, ADVOCATE DEPARTMENT BY : SHRI SUBHA KANT SAHU, SR. DR DATE OF HEARING : 30.08.2018 DATE OF PRONOUNCEMENT : 30.08.2018 ORDER R.S. SYAL, VP: THE PRESENT APPEAL BY THE REVENUE IS DIRECTED AGAI NST THE FINAL ASSESSMENT ORDER PASSED BY THE ASSESSING OFFICER U/ S 143(3) R.W.S. 144C ITA NO.1113/DEL/2015 2 OF THE INCOME-TAX ACT, 1961 08 TH JANUARY, 2015, IN RELATION TO THE ASSESSMENT YEAR 2010-11. 2. DURING THE COURSE OF HEARING, THE LD. AR SUBMITT ED THAT PURSUANT TO THE MANDATE OF SECTION 268A THE CBDT HA S ISSUED CIRCULAR NO. 03 OF 2018, DATED 11TH JULY, 2018 WITH RETROSPECTIVE EFFECT, REVISING THE MONETARY LIMIT TO RS.20,00,000/- FOR N OT FILING APPEALS BEFORE THE TRIBUNAL. HE FURTHER SUBMITTED THAT AS THE TAX EFFECT INVOLVED IN THE INSTANT APPEAL IS LESS THAN RS.20,0 0,000/-, THE EXTANT APPEAL IS NOT MAINTAINABLE. THE LD. D.R., A LTHOUGH SUPPORTED THE ORDER OF THE ASSESSING OFFICER, BUT C OULD NOT CONTROVERT THE FACT THAT TAX EFFECT INVOLVED IN THI S APPEAL IS LESS THAN RS.20,00,000/-. 3. WE HAVE HEARD THE PARTIES AND PERUSED THE RELEVA NT MATERIAL ON RECORD. GOING BY THE PRESCRIPTION OF TH E AFORENOTED CIRCULAR, IT IS PALPABLE THAT THE INSTRUCTION IS AP PLICABLE TO THE PENDING APPEALS ALSO WITH RETROSPECTIVE EFFECT AND THERE IS A CLEAR-CUT DIRECTION TO THE DEPARTMENT TO WITHDRAW OR NOT PRESS SUCH APPEAL S FILED BEFORE THE ITA NO.1113/DEL/2015 3 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 APPEAL BEFORE THE TRIBUNAL OR WITHDRAWN THE SAME AS THE TAX EFFECT IN THIS APPEAL 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. HOWEVER, THE DEPARTMENT IS AT LIBERTY TO FILE THE MISCELLANEOUS APPLICATION, IF T HE TAX EFFECT IS FOUND TO BE MORE THAN THE PRESCRIBED LIMIT OF RS.20,00,000/- OR OTHERWISE. ACCORDINGLY, THE APPEAL OF THE REVENUE STANDS DISMI SSED. 4. IN THE RESULT, THE APPEAL OF THE REVENUE STANDS DISMISSED. THE ORDER PRONOUNCED IN THE OPEN COURT ON 30.08.20 18. SD/- SD/- [K. NARASIMHA CHARY] [R.S. SYAL] JUDICIAL MEMBER VICE PRESIDENT DATED, 30 TH AUGUST, 2018. DK ITA NO.1113/DEL/2015 4 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR, ITAT AR, ITAT, NEW DELHI.