ITO, New Delhi V. M/s. Kausar Homes Pvt. Ltd., New Delhi

ITA 131/DEL/2015

• Counselvise Citation: [2018] 121 COUNSELVISE.COM (IT) 5455 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 3 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-05-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2011-2012
• Appeal Filed On: 08-01-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES D : DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI L.P. SAHU, ACCOUNTANT MEMBER ITA.NO.131/DEL./2015 ASSESSMENT YEAR 2011-2012 THE INCOME TAX OFFICER, WARD-14(2), ROOM NO.308, C.R. BUILDING, I.P. ESTATE, NEW DELHI. VS M/S. KAUSAR HOMES PVT. LTD., 97, ANAND LOK, NEW DELHI 110 049. PAN AACCK1697A (APPELLANT) (RESPONDENT) FOR REVENUE : SHRI AMIT JAIN, SR. D.R. FOR ASSESSEE : SHRI DEEPESH GARG, ADVOCATE DATE OF HEARING : 01.05.2018 DATE OF PRONOUNCEMENT : 02.05.2018 ORDER PER BHAVNESH SAINI, J.M. THIS DEPARTMENTAL APPEAL HAS BEEN DIRECTED AGAINS T THE ORDER OF THE LD. CIT(A)-VIII, NEW DELHI, DATED 07 TH OCTOBER, 2014, FOR THE A.Y. 2011-2012. 2. WE HAVE HEARD THE LEARNED REPRESENTATIVES OF BO TH THE PARTIES AND PERUSED THE MATERIAL ON RECORD. 2 ITA.NO.131/DEL./2015 M/S. KAUSAR HOMES PVT. LTD., NEW DELHI. 3. THE LD. D.R. FAIRLY CONTENDED THAT THE TAX EFFE CT IN THE PRESENT APPEAL IS LESS THAN RS.10 LAKHS. VIDE C IRCULAR NO.21/2015 DATED 10 TH DECEMBER, 2015 ISSUED BY CBDT, IT HAS BEEN DIRECTED THAT THE DEPARTMENT SHALL NOT FILE AP PEAL BEFORE THE TRIBUNAL IN CASE WHERE THE TAX EFFECT DOES NOT EXCEED THE MONETARY LIMIT OF RS.10 LAKHS. IT IS ALSO DIRECTED THAT THIS INSTRUCTION WILL APPLY RETROSPECTIVELY TO PENDING A PPEALS AND APPEALS TO BE FILED HENCEFORTH IN TRIBUNALS. PENDIN G APPEALS BELOW THE SPECIFIED TAX LIMIT MAY BE WITHDRAWN/NOT PRESSED. THE LD. D.R. IN VIEW OF THE BOARDS CIRCULAR ABOVE DID NOT PRESS THE DEPARTMENTAL APPEAL. IN VIEW OF THE ABOVE, THE DEPARTMENTAL APPEAL IS DISMISSED AS IS FILED IN VIO LATION OF THE CBDT INSTRUCTION ABOVE. 4. IN THE RESULT, APPEAL OF THE DEPARTMENT IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (LP SAHU) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER DELHI, DATED 02 ND MAY, 2018 VBP/- 3 ITA.NO.131/DEL./2015 M/S. KAUSAR HOMES PVT. LTD., NEW DELHI. COPY TO 1. THE APPLICANT 2. THE RESPONDENT 3. CIT(A) CONCERNED 4. CIT CONCERNED 5. D.R. ITAT D BENCH, DELHI 6. GUARD FILE. // BY ORDER // ASSISTANT REGISTRAR : ITAT DELHI BENCHES : DELHI.