DCIT, New Delhi V. M/s. North Delhi Projects Pvt. Ltd., New Delhi

ITA 1603/DEL/2013

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 7085 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 10 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-02-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Next Hearing Date: 17-05-2016
• Assessment Year: 2004-2005
• Appeal Filed On: 19-03-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AMRIT LAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH E , NEW DELHI BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER AND MS.SUCHITRA KAMBLE, JUDICIAL MEMBER ITA NO. 1603 /DEL/201 3 AY: 200 4 - 05 DCIT , C.C. 1 VS. NORTH DELHI PROJECTS P.LTD. ROOM NO.322, 3 RD FLOOR B 4, VIKASH APARTMENTS ARA CENTRE, JHANDEWALAN EXTN. 34/1, EAST PUNJABI BAGH NEW DELHI NEW DELHI PAN: AABCN 5670 M CROSS OBJECTION NO.132/DEL/13 (IN ITA 1603/DEL/2013) A.Y. 2004 - 05 NORTH DELHI PROJECTS P.LTD. VS. DCIT, C.C. 1 NEW DELHI NEW DELHI (APPELLANT) (RESPONDENT) APPELLANT BY : SH.AMRITLAL, SR.D.R. RESPONDENT BY : SH. ARUN JAIN, C.A. ORDER PER J.SUDHAKAR REDDY, ACCOUNTANT MEMBER THIS IS AN APPEAL FILED BY THE REVENUE DIRECTED AGAINST THE ORDER DT. 15.01.2013 OF LD.CIT(A) - III , NEW DELHI FOR ASSESSMENT YEAR 200 4 - 05 . THE ASSESSEE HAS FILED A CROSS OBJECTION. 1.1. THE TAX EFFECT IN THIS APPEAL BY THE REVENUE DOES NOT EXCEED THE MONETARY LIMIT OF RS.10 LAKHS SPECIFIED IN RECENT CBDT CIRCULAR NO.21/2015 DATED 10 TH DECEMBER,2015, F. NO. 279/MISC./142/2007 - ITJ(PT.) RE AD WITH S.268 A OF THE INCOME TAX ACT 1961. FURTHER IN THIS CBDT CIRCULAR, AT PARA ITA NO. 1603/DEL/13 C.O. NO. 132/DEL/13 A.Y. 2004 - 05 NORTH DELHI PROJECTS PVT.LTD. 2 10 IT IS SPECIFIED THAT THE INSTRUCTION WILL APPLY RETROSPECTIVELY, TO ALL PENDING APPEALS. 2. THE LD.D.R. COULD NOT CONTROVERT THE FACT THAT THE TAX EFFECT ON THE QUAN TUM OF INCOME IN DISPUTE IS BELOW THE MONETARY LIMIT OF RS.10,00,000/ - (TEN LAKHS ONLY). 2.1. HENCE WE DISMISS THIS APPEAL 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.) READ WITH S.268 A OF THE INCOME TAX ACT 1961, AND HENCE NOT MAINTAINABLE. 2.2 . IN CASE 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 MERI TS. 3. SINCE WE HAVE DISMISSED THE REVENUE S APPEAL, THE C.O. FILED BY THE ASSESSEE HAS BECOME INFRUCTUOUS AND IS DISMISSED AS SUCH. 4. IN THE RESULT THE REVENUE S APPEAL AS WELL AS THE ASSESSEE S CROSS OBJECTION BOTH ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 03 RD FEBRUARY, 2016 . SD/ - SD/ - ( SUCHITRA KAMBLE ) (J. SUDHAKAR REDDY) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: THE 03 RD FEBRUARY, 2016 MANGA ITA NO. 1603/DEL/13 C.O. NO. 132/DEL/13 A.Y. 2004 - 05 NORTH DELHI PROJECTS PVT.LTD. 3 COPY FORWARDED TO: - 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(A) 5 . DR, ITAT TRUE COPY BY ORDER, ASSISTANT REGISTRAR