ITO, Muzaffarnagar V. M/s. Cane Development Council Mansoorpur, Muzaffarnagar

ITA 1362/DEL/2017

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 2818 (ITAT-DELHI)
• Duration Of Justice: 3 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-06-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 13-06-2017
• Assessment Year: 2012-2013
• Appeal Filed On: 06-03-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SK SAMPATH
• Assessee Lawyers: R C DANDAY
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES: SMC , NEW DELHI BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER ITA NO. 1362 /DEL/201 7 AY: 20 12 - 13 ITO, GT ROAD, KHATAULI VS . CANE DEVELOPMENT COUNCIL MANSOORPUR MUZAFFARNAGAR PAN: AAALC 0282 C (APPELLANT) (RESPONDENT) APPELLAN T BY SH. SK SAMPATH, ADV. RESPONDENT BY SH. R.C. DANDAY, SR.D.R. DATE OF HEARING 13 TH JUNE, 2017 DATE OF PRONOUNCEMENT 13 TH JUNE, 2017 ORDER THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER DT. 20 TH DECEMBER, 2016 OF THE LD. CIT(A), MUZAFFARNAGAR RELATING TO ASSESSMENT YEAR (A.Y.) 2012 - 13. 2. THE LD.COUNSEL FOR THE ASSESSEE AT THE OUTSET SUBMITTED THAT THE TAX EFFECT ON THE GROUND RAISED BY THE REVENUE IS BELOW RS.10 LAKHS. THEREFORE, IN VIEW OF CBDT CIRCULAR NO.21/2015 DATED 10 TH DECEMBER, 2015 WHICH IS APPLICABLE EVEN FOR PENDING APPEALS FILED BY THE REVENUE, THE APPEAL FILED BY THE REVENUE HAS 2 TO BE DISMISSED. THE LD.D.R. FAIRLY CON CEDED THE FACT THAT THE TAX EFFECT ON THE GROUND RAISED BY THE REVENUE IS BELOW RS.10 LAKHS. IN VIEW OF THE ABOVE AND IN VIEW OF THE CBDT CIRCULAR NO.21/2015 DATED 10 TH DECEMBER, 2015 , THE APPEAL FILED BY REVENUE HAS TO BE DISMISSED ON ACCOUNT OF LOW TAX EFFECT. 3. IN THE RESULT, THE APPEAL FILED BY REVENUE IS DIS MISSED . PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ITSELF I.E. ON 13TH JUNE, 2017. SD/ - (R.K. PANDA) ACCOUNTANT MEMBER DATED: THE 13 TH JUNE, 2017 * MANGA COPY FORWARDED TO: - 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(A) 5 . DR, ITAT - TRUE COPY - BY ORDER, ASSISTANT REGISTRAR ITAT DELHI BENCHES