DCIT Circle -27(1), New Delhi V. Wallmax India Enterprises Pvt Ltd, New Delhi

ITA 1204/DEL/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 4223 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 8 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-10-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2015-2016
• Appeal Filed On: 14-02-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUSHMA SINGH
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TR IBUNAL DELHI BENCH: F: NEW DELHI BEFORE, SHRI ANIL CHATURVEDI, ACCOUNTANT MEMBER AND SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMB ER ITA NO.1204/DEL/2019 (ASSESSMENT YEAR-2015-16) DY. CIT, CIRCLE-27(1), NEW DELHI. VS. M/S WALLMAX INDIA ENTERPRISES PVT. LTD. R-77A, GREATER KAILASH- 1, NEW DELHI-110 048 PAN AABCW 1445M (APPELLANT) (RESPONDENT) APPELLANT BY SMT. SUSHMA SINGH, CIT-DR RESPONDENT BY NONE DATE OF HEARING 28.10.2020 DATE OF PRONOUNCEMENT 28.10.2020 ORDER PER SUDHANSHU SRIVASTAVA, JM: THIS APPEAL HAS BEEN PREFERRED BY THE REVENUE AGAIN ST THE ORDER DATED 08.11.2018 PASSED BY THE LEARNED COMMIS SIONER OF INCOME TAX (APPEALS)-9, NEW DELHI {CIT(A)} PERTAINS TO ASSESSMENT YEAR: 2015-16. 2 ITA NO.1204/DEL/2019 DCIT VS. WALLMAX IND IA ENTERPRISES PVT. LTD. 2.0 HOWEVER, LD. DEPARTMENTAL REPRESENTATIVE ( DR) FOR THE REVENUE POINTED OUT THAT THE PRESENT APPEAL IS TO B E WITHDRAWN AS THE TAX EFFECT INVOLVED IN THE CASE IS BELOW RS.50 L ACS. 3.0 THE CBDT VIDE CIRCULAR NO.17/2019 DATED 08.08. 2019 HAS REVISED THE MONETARY LIMIT FOR FILING THE APPEA LS BEFORE THE TRIBUNAL TO RS.50 LACS. FURTHER, CBDT VIDE LETTER DATED 20.08.2019 HAS ALSO CLARIFIED THAT CIRCULAR NO.17/2 019 WOULD BE APPLICABLE TO ALL PENDING APPEALS. IN SUCH CIRCUMS TANCES, THE PRESENT APPEAL FILED BY THE REVENUE IN CASE OF LOW T AX EFFECT IS NOT MAINTAINABLE. 4.0 BEFORE PARTING, WE CLARIFY HERE THAT THE REVENU E SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR RE-INSTITUT ION OF APPEAL, IF THE REQUISITE MATERIAL IS BROUGHT TO SHOW THAT THE APPEA L IS PROTECTED BY THE EXCEPTIONS PRESCRIBED IN PARA-10 OF THE CIRCULA R DATED 11.07.2018. 5.0 IN CONCLUSION, BY APPLYING THE CBDT CIRCULAR D ATED 08.08.2019 AND LETTER DATED 20.08.2019 (SUPRA), THE CAPTIONED APPEAL OF THE REVENUE IS DISMISSED AS WITHDRAWN/NOT P RESSED. 3 ITA NO.1204/DEL/2019 DCIT VS. WALLMAX IND IA ENTERPRISES PVT. LTD. 6.0 IN THE FINAL RESULT, THE APPEAL OF THE REVENUE STANDS DISMISSED. ORDER PRONOUNCED ON 28/10/2020. SD/- SD/ (ANIL CHATURVEDI) (SUDHANSHU SRIVASTAVA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 28/10/2020 PK/PS COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI