DCIT, New Delhi V. M/s. VIC Enterprises Pvt. Ltd., New Delhi

ITA 1320/DEL/2010

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 3224 (ITAT-DELHI)
• Duration Of Justice: 10 year(s) 7 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-11-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2005-2006
• Appeal Filed On: 25-03-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

1 THE INCOME TAX APPELLATE TRIBUNAL, DELHI D BENCH, NEW DELHI BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER, AND SHRI SUDHANSHU SRIVASTAVA, JUDI CIAL MEMBER ITA NO. 1320/DEL/2010 [ASSESSMENT YEAR: 2005-06] THE DY. C.I.T VS. M/S VIC ENTERPRISES PVT LTD CIRCLE 17(1) 4 TH FLOOR, PUNJABI BHAWAN NEW DELHI 10, ROUSE AVENUE, NEW DELHI PAN: AAACV 0132 D [APPELLANT] [RESPONDENT] DATE OF HEARING : 11.11.2020 DATE OF PRONOUNCEMENT : 11.11.2020 ASSESSEE BY : NONE REVENUE BY : SHRI RAJESH KUMAR, DR ORDER PER N.K. BILLAIYA, ACCOUNTANT MEMBER, THIS APPEAL BY THE REVENUE IS PREFERRED AGAINST THE ORDER OF THE LD. CIT(A) 3, NEW DELHI DATED 12.11.2009 PERTAINI NG TO ASSESSMENT YEAR 2005-06. 2 2. AT THE VERY OUTSET, LD. DR POINTED OUT THAT THE TAX EFFECT IN THE PRESENT APPEAL WOULD BE LESS THAN RS. 50 LAKHS. 3. A PERUSAL OF THE GRIEVANCE OF THE REVENUE SHOWS THAT THE TAX EFFECT WOULD BE LESS THAN RS. 50 LAKHS. THEREFORE, THIS APPEAL IS NOT MAINTAINABLE AS PER CBDT CIRCULAR NO. 17/2019 DATED 08.08.2019. 4. ON SUCH CONCESSION, THIS APPEAL IS, ACCORDINGLY, DISMISSED WITH LIBERTY TO THE REVENUE TO APPROACH THE TRIBUNAL AS PER THE PROVISIONS OF LAW, SHOULD IT FEEL THAT THE TAX EFFECT IS MORE THA N RS. 50 LAKHS. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IN ITA NO. 1320/DEL/2010 IS DISMISSED. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 11.1 1.2020. SD/- SD/- [SUDHANSHU SRIVASTAVA ] [N.K. BILLAIYA] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 11 TH NOVEMBER , 2020. VL/ 3 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT ASST. REGISTRAR 4. CIT(A) ITAT, NEW DELHI 5. DR DATE OF DICTATION DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.PS /PS DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P S/PS DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WE BSITE OF ITAT DATE ON WHICH THE FILE GOES TO THE BENCH CLERK DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER