ITO, New Delhi V. M/s Beautex (India) Pvt. Ltd., New Delhi

ITA 1440/DEL/2011

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 98191 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 9 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-12-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 08-12-2015
• Assessment Year: 2002-2003
• Appeal Filed On: 22-03-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K JAISWAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH A , NEW DELHI BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER AND SHRI A.T.VARKEY , JUDICIAL MEMBER ITA NO. 1440 /DEL/201 1 AY: 200 2 - 03 ITO, WARD 2(4) VS. BEAUTEX INDIA P.LTD. ROOM NO.301, 3 RD FLOOR E 163, PANDAV NAGAR, SAMASPUR CENTRAL REVENUE BUILDING NEW DELHI I.P.ESTATE NEW DELHI 110 002 PAN: AAACB 3386 P (APPELLANT) (RESPONDENT) APPELLANT BY : SH. K.JAISWAL, SR.D.R. RESPONDENT BY : SH. VED JAIN, ADV. ORDER PER J. SUDHAKAR REDDY, ACCOUNTANT MEMBER THIS IS AN APPEAL FILED BY THE REVENUE DIRECTED AGAINST THE ORDER OF THE LD.COMMISSIONER OF INCOME TAX (APPEALS) - V, NEW DELHI DATED 11.1.2011 PERTAINING TO THE ASSESSMENT YEAR (A.Y.) 200 2 - 03 . 1.1. THE TAX EFFECT IN THIS APPEAL BY THE REVENUE DOES NOT EXCEED THE MONETARY LIMIT OF RS.10 LAKHS SPECIFIED IN CIRCULAR NO.21/2015 DATED 10 TH DECEMBER,2015, F.NO. 279/MISC./142/2007 - ITJ(PT.). 2. WE ARE OF THE OPINION THAT THE CIRCULAR OF THE CBDT RESULTS IN THE REVENUE APPEAL BEING NOT MAINTAINABLE. FURTHER THIS CBDT CIRCULAR, AT PARA 10 SPECIFIES THAT THE INSTRUCTION WIL L APPLY RETROSPECTIVELY, TO ALL PENDING APPEALS. WE HAVE EXAMINED THE GROUNDS OF APPEAL AND HAVE FOUND THAT THE TAX EFFECT ON THE QUANTUM OF INCOME IN DISPUTE IS BELOW THE MONETARY LIMIT OF RS.10,00,000/ - (TEN LAKHS ONLY). 2.1 . HENCE WE DISMISS THIS APPEA L FILED BY THE REVENUE ON THE GROUND THAT THE TAX EFFECT IN THE PRESENT APPEAL DOES NOT EXCEED THE MONETARY LIMIT SPECIFIED BY THE CBDT CIRCULAR NO. .21/2015 DATED 10 TH DECEMBER,2015, F. NO. 279/MISC./142/2007 - ITJ(PT.) AND HENCE NOT MAINTAINABLE. ITA NO. 1440 /DEL/201 1 A.Y. 200 2 - 03 BEAUTEX (INDIA) P.LTD. N.DEL. 2 2.2. IN C ASE THERE IS A MISTAKE IN THE CALCULATION OR IF THE CASE IS COVERED BY ANY OF THE EXCEPTION SPECIFIED IN THE CIRCULAR THE REVENUE MAY FILE A MISC. APPLICATION U/S 254(2) OF THE INCOME TAX ACT 1961 POINTING OUT THE MISTAKE AND IF THE BENCH IS CONVINCED OF THE MISTAKE, THIS ORDER WILL BE RECALLED AND THE APPEAL RESTORED FOR FRESH DISPOSAL ON MERITS. 3. IN THE RESULT REVENUE S APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 22 ND DECEMBER, 2015 . SD/ - SD/ - ( A.T. VARKEY ) (J. SUDHAKAR REDDY) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 22 ND DECEMBER, 2015 MANGA COPY FORWARDED TO: - 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(A) 5 . DR, ITAT TRUE COPY BY ORDER, ASSISTANT REGISTRAR