DCIT, New Delhi V. M/s Metro Ortem Ltd., New Delhi

ITA 1501/DEL/2016

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 9816 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 1 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-05-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2006-2007
• Appeal Filed On: 21-03-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NIDHI SRIVASTAVA
• Keywords: Retrospective amendment; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: B NEW DELHI BEFORE SHRI G.D. AGARWAL, VICE PRESIDENT & SHRI K.NARASIMHA CHARY, JUDICIAL MEMBER ITA NO.1501/DEL/2016 ASSESSMENT YEAR: 2006-07 DCIT, CENTRAL CIRCLE -05, NEW DELHI. (APPELLANT) VS M/S METRO ORTEM LTD., R/O 134/4 & 135/4, NEAR AJIT ARCADE, KAILASH COLONY NEW DELHI. PAN: AAACM3393H (RESPONDENT) ASSESSEE BY: SHRI SANAT KAPOOR, ADVOCATE SHRI SIDHARTH KANWAR, ADVOCATE REVENUE BY: MS NIDHI SRIVASTAVA, CIT- DR ORDER PER K. NARASIMHA CHARY, JM THE PRESENT APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 28.1.2016 IN APPEAL NO.235/14-15 PASSED BY THE LEARNED COMMISSIONER OF INCOME-TAX(APPEALS)-24, NEW DELHI { CIT(A)} IN RELATION TO ASSESSMENT YEAR 2006-07. 2. AT THE OUTSET, THE LEARNED COUNSEL FOR THE ASSES SEE SUBMITTED THAT THE APPEAL OF THE REVENUE IS NOT MAINTAINABLE AS TH E TAX EFFECT INVOLVED IN THIS CASE IS LESS THAN RS.20 LACS. DATE OF HEARING 02.05.2019 DATE OF PRONOUNCEMENT 02.05.2019 2 3. WE HAVE HEARD THE PARTIES. IT IS FOUND THAT PURS UANT TO THE MANDATE OF SECTION 268A, THE CBDT HAS ISSUED CIRCUL AR NO. 03 OF 2018, DATED 11TH JULY, 2018 WITH RETROSPECTIVE EFFE CT, REVISING THE MONETARY LIMIT TO RS.20,00,000/- FOR NOT FILING APP EALS BEFORE THE TRIBUNAL. IT IS FURTHER FOUND THAT AS THE TAX EFFE CT INVOLVED IN THE INSTANT APPEAL IS LESS THAN RS.20,00,000/-, THE EXT ANT APPEAL IS NOT MAINTAINABLE. THE LD. D.R., ALTHOUGH SUPPORTED THE ORDER OF THE ASSESSING OFFICER, BUT COULD NOT CONTROVERT THE FACT THAT TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THA N RS.20,00,000/-. 4. GOING BY THE PRESCRIPTION OF THE AFORENOTED CIRC ULAR, IT IS PALPABLE THAT THE INSTRUCTION IS APPLICABLE 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 FI LED BEFORE THE ITAT, WHEREIN TAX EFFECT IS LESS THAN RS.20,00,000/-. WE ARE, THEREFORE, OF THE VIEW THAT THE REVENUE SHOULD HAVE EITHER NOT FILED THE INSTANT APPEALS BEFORE THE TRIBUNAL OR WITHDRAWN THE SAME AS THE TA X EFFECT IN THIS CASE IS ADMITTEDLY LESS THAN THE PRESCRIBED LIMIT, I.E., RS . 20,00,000/- FOR NOT FILING THE APPEAL. ACCORDINGLY, WE DISMISS THE INST ANT APPEAL WITHOUT GOING INTO MERITS OF THE CASE. 5. IN THE RESULT, THE APPEAL OF THE REVENUE STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 2 ND MAY, 2019. SD/- SD/- (G.D. AGARWAL) (K. NARASIMHA CHARY) VICE PRESIDENT JUDICIAL MEMBER DATED: 2 ND MAY, 2019/VJ 3 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI DRAFT DICTATED ON 02.5.2019 DRAFT PLACED BEFORE AUTHOR 02.5.2019 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. APPROVED DRAFT COMES TO THE SR.PS/PS KEPT FOR PRONOUNCEMENT ON DATE OF UPLOADING ORDER ON THE WEBSITE FILE SENT TO THE BENCH CLERK DATE ON WHICH FILE GOES TO THE AR DATE ON WHICH FILE GOES TO THE HEAD CLERK. DATE OF DISPATCH OF ORDER.