DCIT, New Delhi V. M/s. High Link Investment Pvt. Ltd., New Delhi

ITA 159/DEL/2015

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 4023 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 9 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-10-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2008-2009
• Appeal Filed On: 08-01-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NAVEEN CHANDRA
• Keywords: Tax effect

Judgement Text

IN THE INCOME - TAX APPELLATE TRIBUNAL, DELHI BENCH C , NEW DELHI BEFORE : SHRI H.S. SIDHU, JUDICIAL MEMBER AND SHRI L.P. SAHU, ACCOUNTANT MEMBER ITA NO. 159/DEL./2015 ASSESSMENT YEAR: 2008 - 09 DCIT, CENTRAL CIRCLE 28, NEW DELHI. (APPELLANT) VS. HIGH LINK INVESTMENT PVT. LTD., FB - 20, SHIVAJI ENCLAVE, RAJA GARDEN, NEW DELHI. PAN AAACH3348H (RESPONDENT) APPELLANT BY SH. NAVEEN CHANDRA, CIT/DR RESPONDENT BY NONE ORDER PER L.P. SAHU, A.M. : THIS APPEAL BY THE REVENUE ARISES OUT OF THE ORDER PASSED BY THE CIT(A) - III , NEW DELHI DATED 30.10.2014 IN RELATION TO THE CAPTIONED ASSESSMENT YEAR. 2. DURING THE COURSE OF HEARING, THE LD. DR, ALTHOUGH SUPPORTED THE ORDER OF THE ASSESSING OFFICER, BUT FAIRLY AGREED THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.10,00,000/ - AND BY VIRTUE OF CIRCULAR OF CBDT NO. 21 OF 2015 DATED 10.12.2015, T HE MONETARY LIMIT HAS BEEN REVISED TO RS.10,00,000/ - FOR NOT FILING APPEALS BY THE DEPARTMENT BEFORE THE TRIBUNAL. 3. NONE IS PRESENT ON BEHALF OF THE ASSESSEE. AFTER GOING THROUGH THE MATERIAL ON RECORD, WE FIND THAT THE ABOVE CIRCULAR OF CBDT ON PECUN IARY LIMIT DATE OF HEARING 10.10.2017 DATE OF PRONOUNCEMENT 10.10.2017 ITA NO. 159/DEL./2015 2 HAS NOW STATUTORY FORCE WITHIN THE PROVISIONS OF SECTION 268A OF THE IT ACT. THESE INSTRUCTIONS ARE OPERATIVE RETROSPECTIVELY TO THE PENDING APPEALS ALSO. IT GOES WITHOUT SAYING THAT THE BOARD S INSTRUCTIONS OR DIRECTIONS ISSUED TO THE INCOME - TAX AUTHORITIES ARE BINDING UPON THEM. GOING BY THE PRESCRIPTION OF THE AFORE - NOTED CIRCULAR, AND WITHOUT GOING INTO MERITS OF THE CASE, WE DISMISS THE INSTANT APPEAL FILED BY THE REVENUE AS TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.10.00 LACS. 4. IN THE RESULT, THE APPEAL OF THE REVENUE STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 10.10.2017. SD/ - SD/ - ( H.S. SIDHU ) ( L.P. SAHU ) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 10/10/2017 *AKS* COPY OF ORDER FORWARDED TO: (1) THE APPELLANT (2) THE RESPONDENT (3) COMMISSIONER (4) CIT(A) (5) DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES, NEW DELHI