Deepak Sharma, New Delhi V. DCIT, New Delhi

ITA 1399/DEL/2013

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 7089 (ITAT-DELHI)
• Duration Of Justice: 5 year(s) 4 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-07-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 10-07-2017
• Assessment Year: 2003-2004
• Appeal Filed On: 08-03-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: NIPPUN MITTAL
• Keywords: Retrospective amendment; Tax effect
• Section: 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : B , NEW DELHI BEFORE SH. H.S. SIDHU , JUDICIAL M EMBER AND SH. T.S. KAPOOR , ACCOUNTANT MEMBER ITA NO .1924 /DE L/ 2012 ASSESSMENT YEAR: 2003 - 04 AND ITA NO. 2323/DEL/2012 ASSESSMENT YEAR: 2004 - 05 AND ITA NO. 2324/DEL/2012 ASSESSMENT YEAR: 2005 - 06 ACIT, CENTRAL CIRCLE - 22, NEW DELHI VS. SH. DEEPAK SHARMA, 8, LOCAL SHOPPING CENTRE, IIND/I I IRD FLOOR, VARDHMAN SIDDHARTH PLAZA, SAVITA VIHAR, NEW DELHI PAN : AUDPS5329R ( APPELLANT ) (RESPONDENT) AND ITA NO. 1399/DEL/2013 ASSESSMENT YEAR: 2003 - 04 SH. DEEPAK SHARMA, 8, LOCAL SHOPPING CENTRE, IIND/IIIRD FLOOR, VARDHMAN SIDDHARTH PLAZA, SAVITA VIHAR, NEW DELHI VS. ACIT, CENTRAL CIRCLE - 22, NEW DELHI PAN : AUDPS5329R (APPELLANT) (RESPONDENT) DEPARTMENT BY MS. RACHNA SINGH, CIT(DR) ASSESSEE BY SH. NIPPUN MITTAL, CA DATE OF HEARING 18.07.2018 DATE OF PRONOUNCEMENT 18.07.2018 2 ITA NO S . 19 2 4/DEL/2012; 2323/DEL/2012; 2324/DEL/2012 & 1399/DEL/2013 ORDER PER BENCH : THESE THREE APPEALS BY THE REVENUE AND A CROSS APPEAL BY THE ASSESSEE ARISE OUT OF THE ORDERS PASSED BY THE CIT(A) IN RELATION TO THE CAPTIONED ASSESSMENT YEARS. 2. THE LEARNED CIT(DR) ALTHOUGH SUPPORTED THE RESPECTIVE ORDERS OF THE ASSESSING OFFICER, BUT COULD NOT CONTROVERT THE FACT THAT THE TAX EFFECT INVOLVED IN EACH CASE OF THESE APPEALS IS LESS THAN RS.20,00,000/ - 3. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE RELEVANT MATERIAL ON RECORD. IT IS NOTICED THAT RECENTLY THE CBDT HAS ISSUED CIRCULAR NO. 03 OF 2018, DATED 11TH JULY, 2018 WITH RETROSPECTIVE EFFECT, REVISING THE MONETARY LIMIT TO RS.20,00,000/ - FOR NOT FILING APPEALS BEFORE THE TRIBUNAL 4. FROM THE ABOVE CIRCULAR, IT IS PALPABLE THAT THE INSTRUCTION IS APPLICABL E TO THE PENDING APPEALS ALSO WITH RETROSPECTIVE EFFECT AND THERE IS A CLEAR - CUT DIRECTION TO THE DEPARTMENT TO WITHDRAW OR NOT PRESS SUCH APPEALS FILED BEFORE THE ITAT, WHEREIN TAX EFFECT IS LESS THAN RS.20,00,000/ - . GOING BY THE PRESCRIPTION OF THE AFORE - NOTED CIRCULAR, WE ARE OF THE VIEW THAT THE REVENUE SHOULD HAVE EITHER NOT FILED THE INSTANT APPEAL S BEFORE THE TRIBUNAL OR WITHDRAWN THE SAME AS THE TAX EFFECT IN THESE APPEAL S ARE ADMITTEDLY LESS THAN THE PRESCRIBED LIMIT, I.E., RS. 20,00,000/ - FOR NOT FILING THE APPEAL S . ACCORDINGLY, WE DISMISS THE INSTANT APPEAL S FILED BY THE REVENUE WITHOUT GOING INTO MERITS OF THE CASE. HOWEVER, THE DEPARTMENT IS AT LIBERTY TO FILE MISCELLANEOUS APPLICATION, IF THE TAX EFFECT IS FOUND TO BE MORE THAN THE 3 ITA NO S . 19 2 4/DEL/2012; 2323/DEL/2012; 2324/DEL/2012 & 1399/DEL/2013 PRESCRIBED L IMITED OF RS.20,00,000/ - OR OTHERWISE. ACCORDINGLY, ALL THE THREE APPEAL S OF THE REVENUE STAND DISMISSED. 5. AS REGARDS THE APPEAL FILED BY THE ASSESSEE , I.E. , ITA NO. 1399/DEL/2013, SH. NIPPUN MITTAL, CA, SUBMITS THAT HE DOES NOT WANT TO PRESS THIS APPEAL, THEREFORE, THE SAME MAY BE DISMISSED AS WITHDRAWN . 6. IN THE RESULT, ALL THE THREE APPEALS OF THE REVENUE AND THE APPEAL OF THE ASSESSEE ARE DISMISSED. THE DECISION IS PRONOUN CED IN THE OPEN COURT ON 18 TH JULY , 201 8 . SD/ - SD/ - ( H.S. SIDH U ) ( T.S. KAPOOR ) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 18 TH JULY , 201 8 . RK / - COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(A) 5 . DR ASST. REGISTRAR, ITAT, NEW DELHI