ACIT, New Delhi V. Sh Vibhu Aggarwal, New Delhi

ITA 1460/DEL/2015

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 7051 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 3 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-06-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 21-06-2016
• Assessment Year: 2011-2012
• Appeal Filed On: 12-03-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: RAJESH ARORA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH D NEW DELHI) BEFORE HONBLE VICE - PRESIDENT SHRI G.D. AGRAWAL AND SHRI I.C. SUDHIR : HONBLE JUDICIAL MEMBER ITA NO. 1 4 60 /DEL/201 5 ASSESSMENT YEAR: 20 11 - 12 ACIT VS. VIBHU AGGARWAL, CC - 06, 14 - EAST AVENUE, NEW DELHI. PUNJABI BAGH, NEW DELHI. (PAN: AA XPA8415E ) (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI RAJESH ARORA, CA DEPARTM ENT BY: SHRI S ANJAY KUMAR, CIT(DR) DATE OF HEARING : 21 . 0 6 .201 6 DATE OF PRONOUNCEMENT: 29 : 0 6 .201 6 ORDER PER I.C. SUDHIR : JUDICIAL MEMBER AT THE OUTSET OF HEARING, THE LEARNED AR RAISED A PRELIMINARY OBJECTION A GAINST THE MAINTAINABILITY OF PRESENT APPEAL PREFERRED BY THE REVENUE IN VIOLATION OF THE CBDT CIRCULAR NO. 21/2015 DATED 10.12.2015 HAVING TAX EFFECT OF RS.4 ,44,497 ON THE RELIEF GRANTED BY THE LEARNED CIT(APPEALS) TO THE ASSESSEE QUESTIONED IN THE PRESE NT APPEAL. IN SUPPORT, HE FURNISHED COMPUTATION OF TAX EFFECT ON RELIEF GRANTED. 2. THE LEARNED CIT(DR) DID NOT OPPOSED THE ABOVE SUBMISSION OF THE LEARNED AR. HE, HOWEVER, PLACED RELIANCE ON THE ASSESSMENT ORDER. 2 3. IN THE PRESENT APPEAL PREFERRED BY T HE REVENUE, TAX EFFECT IS BELOW RS.10 LACS. SINCE THE SAME HAS BEEN PREFERRED BY THE REVENUE IN VIOLATION OF CBDT CIRCULAR NO. 21/2015 DATED 10.12.2015 HAVING STATUTORY FORCE UNDER SEC. 268A OF THE INCOME - TAX ACT, 1961, IT IS NOT MAINTAINABLE AND IS DISMIS SED AS SUCH. 4 . IN RESULT, THE APPEAL IS DISMISSED . ORDER PRONOUNCED IN THE OPEN COURT ON 29 . 0 6 . 201 6 S D/ - SD/ - ( G.D. AGRAWAL ) ( I.C. UDHIR ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 2 9 / 0 6 /201 6 MOHAN LAL COPY FORWARDED TO: 1) APPELLANT 2) RESPONDENT 3) CIT 4) CIT(APPEALS) 5) DR:ITAT ASSISTANT REGISTRAR 3 DATE DRAFT DICTATED DIRECTLY ON COMPUTER 29 . 0 6 .201 6 DRAFT PLACED BEFORE AUTHOR 29 . 0 6 .2016 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. 29 .0 6 .2016 APPROVED DRAFT COMES TO THE SR.PS/PS 29 . 0 6 .2016 KEPT FOR PRONOUNCEMENT ON 29 .0 6 .2016 FILE SENT TO THE BENCH CLERK 30 . 0 6 .2016 DATE ON WHICH FILE GOES TO THE AR DATE ON WHICH FILE GOES TO THE HEAD CLERK. DATE OF DISPATCH OF ORDER.