DCIT, Gurgaon V. M/s. System Protections, Gurgaon

ITA 1480/DEL/2015

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 6797 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 3 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-07-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2009-2010
• Appeal Filed On: 13-03-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K TEWARI
• Keywords: Tax effect

Judgement Text

ITA NO. 1480/DEL/2015 1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: G NEW DELHI BEFORE SHRI G.D. AGRAWAL, HONBLE PRESIDENT & SHRI K. NARASIMHA CHARY, JUDICIAL MEMBER ITA NO.-1480/DEL/2015 ( ASSESSMENT YEAR: 2009-10) DCIT CIRCLE 4(1) GURGAON VS SYSTEM PROTECTIONS F-7A, NEW PALAM VIHAR, GURGAON PAN NO. ABAFS6739F REVENUE BY SH. K. TEWARI, SR. DR ASSESSEE BY NONE ORDER PER K. NARASIMHA CHARY, J.M. CHALLENGING THE ORDER DATED 07.01.2015 IN APPEAL NO . 528/11-12 PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS)- 1, GURGAON (LD. CIT(A)) FOR A.Y. 2009-10. 2. THE IMPUGNED ORDER REVEALS THAT IN THE APPEAL PR EFERRED BY THE ASSESSEE, LD. CIT(A) GRANTED RELIEF TO THE ASSE SSEE TO A TUNE OF RS. 20,81,260/- WHICH THE REVENUE IS CHALLENGING IN THIS APPEAL. 3. IT IS, THEREFORE CLEAR THAT THE TAX LIABILITY IN VOLVED IN THE DISPUTE BEFORE US IS BELOW THE TAX EFFECT LIMIT PRE SCRIBED BY CBDT VIDE CIRCULAR NO. 21 / 2015 DATED 10.12.2015 FOR PR EFERRING APPEALS BEFORE TRIBUNAL BY THE REVENUE. ON PERUSAL OF THE DATE OF HEARING 12.07.2018 DATE OF PRONOUNCEMENT 12.07.2018 ITA NO. 1480/DEL/2015 2 CIRCULAR NO. 21 / 2015 DATED 10.12.2015 AND THE MAT ERIALS AVAILABLE ON RECORD, LD. DR COULD NOT POINT OUT WHE THER THIS CASE FALLS UNDER ANY OF THE EXCEPTION AS PROVIDED IN THE CIRCULAR DESPITE SPECIFIC OPPORTUNITY WAS GIVEN, DOES NOT FA LL UNDER ANY OF THE EXCEPTIONS CONTEMPLATED IN THE SAID CIRCULAR, A S THIS IS COVERED. WE ALSO FIND THAT THE CIRCULAR MAKES IT V ERY CLEAR THAT THE REVISED MONETARY LIMITS SHALL APPLY RETROSPECTI VELY TO PENDING APPEALS ALSO. WE FIND THAT THE CIRCULAR IS BINDING ON THE TAX AUTHORITIES. THIS POSITION HAS BEEN CONFIRMED BY TH E HONBLE APEX COURT IN THE CASE OF COMMISSIONER OF CUSTOMS V S INDIAN OIL CORPORATION LTD REPORTED IN 267 ITR 272 (SC). HENCE, WE HOLD THAT THE APPEAL OF THE REVENUE DESERVES TO BE DISMISSED IN TERMS OF LOW TAX EFFECT VIDE CIRCULAR NO.21 / 2015 DATED 10. 12.2015. ACCORDINGLY, THIS BEING A LOW TAX EFFECT CASE, WE D ISMISS THIS APPEAL OF REVENUE IN LIMINE, AS UN-ADMITTED, WITHOU T GOING INTO THE MERITS OF THE CASE. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 12.07.2018 SD/- SD/- (G.D. AGRAWAL) (K. NARSIMHA CHA RY) PRESIDENT JUD ICIAL MEMBER DATED: 12.07.2018 *KAVITA ARORA COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT TRUE COPY ASSISTANT REGISTRAR ITAT NEW DELHI ITA NO. 1480/DEL/2015 3 DATE OF DICTATION 12.07.2018 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 12.07.2018 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. P S/PS 12.7.18 DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 12.7.18 DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/PS 12.7.18 DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WE BSITE OF ITAT 12.7.18 DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 12.7 .18 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER