ACIT, Central Circle- 27, New Delhi V. Flex Foods Ltd., New Delhi

ITA 1421/DEL/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 2107 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 9 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-12-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2014-2015
• Appeal Filed On: 28-02-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: KUMAR HRISHIKESH
• Keywords: Tax effect
• Section: 201

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI B BEN CH, NEW DELHI BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER AND SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER ITA NO.1420 & 1421/ DEL/2018 [ASSESSMENT YEAR: 201 3 -14 & 2014-15] (THROUGH VIDEO CONFERENDCING) ACIT VS. M/S FLEX FOODS LTD. CENTRAL CIRCLE 27 305, 3 RD FLOOR, BHANOT CORNER, NEW DELHI PAMPOSH ENCLAVE, GREATER KAILASH-I, NEW DELHI PAN: AAACF0108K [APPELLANT] [RESPONDENT] DATE OF HEARING : 01.12.2020 DATE OF PRONOUNCEMENT : 02.12.2020 REVENUE BY : KUMAR HRISHIKESH, CIT DR ASSESSEE BY : SHRI M.P. RASTOGI, ADVOCA TE ORDER PER N.K. BILLAIYA, ACCOUNTANT MEMBER: THESE APPEALS BY THE REVENUE ARE PREFERRED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX [APPEALS]-29, NEW DE LHI DATED 08.12.2017 PERTAINING TO ASSESSMENT YEAR 2013-14 AN D 2014-15. 2 2. 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. 3. THIS APPEAL IS, ACCORDINGLY, DISMISSED WITH LIBE RTY TO THE REVENUE TO APPROACH THE TRIBUNAL AS PER THE PROVISIONS OF L AW, SHOULD IT FEEL THAT THE TAX EFFECT IS MORE THAN RS. 50 LAKHS. 4. IN THE RESULT, THE APPEALS OF THE REVENUE IN ITA NO. 1420 & 1421/DEL/2018 ARE DISMISSED. 5. DECISION HAS BEEN ANNOUNCED IN THE OPEN COURT IN PRESENCE OF REPRESENTATIVES OF THE BOTH SIDES. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 02.12. 2020. SD/- SD/- [SUDHANSHU SRIVASTAVA] [N.K. BILLAIYA] JUDICIAL MEMNER ACCOUNTANT MEMB ER DATED: 02 ND DECEMBER, 2020. VL/ COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) ASST. REGISTRAR, 5. DR ITAT, NEW DELHI 3 DATE OF DICTATION 02.12.2020 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 0 3 . 1 2 . 2 0 2 0 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER 0 3 . 1 2 . 2 0 2 0 DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.PS/PS 0 3 . 1 2 . 2 0 2 0 DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT 0 3 . 1 2 . 2 0 2 0 DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.PS/PS 0 3 . 1 2 . 2 0 2 0 DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT 0 3 . 1 2 . 2 0 2 0 DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 0 3 . 1 2 . 2 0 2 0 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER