ACIT, New Delhi V. Shri Subodh Gupta, Delhi

ITA 1230/DEL/2017

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 5930 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 8 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-11-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2012-2013
• Appeal Filed On: 02-03-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SARAS KUMAR
• Keywords: Tax effect

Judgement Text

IN THE INCOME-TAX APPELLATE TRIBUNAL, DELHI BENCH G, NEW DELHI BEFORE : SHRI AMIT SHUKLA, JUDICIAL MEMBER AND SHRI A.N. MISHRA, ACCOUNTANT MEMBER ITA NO.1230/DEL/2017 ASSESSMENT YEAR:2012-13 ACIT, CIRCLE 57(1), NEW DELHI. (APPELLANT) VS. SUBODH GUPTA, PROP. M/S. S.R. CONSTRUCTIONS, D-3, EAST JYOTI NAGAR, DELHI. PAN AEVPG4646M (RESPONDENT) APPELLANT BY SH. SARAS KUMAR, SR. DR RESPONDENT BY NONE ORDER PER AMIT SHUKLA, J.M.: THE AFORESAID APPEAL IS FILED BY THE REVENUE AGAINS T ORDER DATED 17.01.2017, PASSED BY LEARNED CIT(A)-19, NEW DELHI, FOR ASSESSMENT YEAR 2012- 13. 2. AT THE OUTSET, THE LEARNED SR. DR BROUGHT TO OUR ATTENTION THAT CBDT, VIDE CIRCULAR NO. 17/2019 DATED 08 TH AUGUST, 2019, HAS DECIDED THAT THE REVENUE WOULD NOT PREFER ANY APPEAL BEFORE THE TRIBUNAL, IF THE TAX EFFECT IS LESS THAN RS.50 LAKHS. THEREFORE, HE PLEADED THAT THE APPEAL OF THE REVENUE BE DECIDED AS PER THE INSTRUCTION OF THE CBDT. NONE IS PRESENT O N BEHALF OF THE ASSESSEE. DATE OF HEARING 21.11.2019 DATE OF PRONOUNCEMENT 21.11.2019 ITA NO. 1230/DEL/2017 2 3. WE FIND THAT THE CBDT VIDE CIRCULAR NO. 17/2019 DATED 08.08.2019, HAS ENHANCED THE MONETARY LIMIT FOR FILING OF APPEALS B Y THE DEPARTMENT BEFORE THE INCOME TAX APPELLATE TRIBUNAL FROM RS.20 LAKHS TO R S.50 LAKHS. THE SAID CIRCULAR ALSO MAKES REFERENCE TO THE EARLIER CIRCULAR NO. 3/ 2018, DATED 11.7.2018 AND, ESPECIALLY STATES THAT AS A STEP TOWARDS FURTHER MA NAGEMENT OF LITIGATION, THE BOARD HAS DECIDED TO ENHANCE THE MONETARY LIMIT FOR FILING OF THE APPEALS. THIS CIRCULAR IS NOT IN SUPERSESSION OF THE EARLIER CIRC ULAR BUT ONLY AMENDS THE MONETARY LIMITS AS WELL AS GIVES CLARIFICATION WITH REGARD TO PARAGRAPH 5 OF THE EARLIER CIRCULAR. THIS, INTER ALIA, MEANS THAT ALL THE OTHER CONDITIONS MENTIONED IN THE EARLIER CIRCULAR NO. 3 OF 2018 DATED 11.7.2018 WILL APPLY MUTATIS MUTANDIS INCLUDING THAT, IT WILL APPLY TO ALL THE PENDING AP PEALS. 4. FURTHER, CBDT VIDE CIRCULAR DATED 20 TH AUGUST, 2019 (F. NO. 279/19- 93/2018-ITJ), HAS CLARIFIED THAT IT WILL APPLY TO A LL PENDING APPEALS. THUS, IN VIEW OF THE AFORESAID CIRCULAR, THE APPEAL OF THE REVENU E IS DISMISSED AS NON- MAINTAINABLE AS THE TAX EFFECT INVOLVED IN THE APPE AL IS BELOW RS.50 LAKHS. HOWEVER, IT IS MADE CLEAR THAT THE DEPARTMENT IS AT LIBERTY TO FILE MISCELLANEOUS APPLICATION FOR RECALLING OF THE ORDER, IF THE TAX EFFECT IS FOUND TO BE MORE THAN THE PRESCRIBED LIMIT OF RS.50,00,000/- OR ANY OF THE CO NDITIONS ETC., AS AVAILABLE IN THE AMENDMENT CARRIED OUT IN PARA 10 OF CIRCULAR NO. 3/ 2018, DATED 20.08.2018, IS MADE OUT. 5. IN THE RESULT, THE APPEAL OF REVENUE IS DISMISSE D. ORDER IS PRONOUNCED IN THE OPEN COURT ON 21 ST NOVEMBER, 2019. SD/- SD/- (A.N. MISHRA) (AMIT SHUKLA ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 21 ST NOV., 2019