DCIT, New Delhi V. M/s Dalmia (Bros) Pvt. Ltd., New Delhi

ITA 165/DEL/2016

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 0111 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 8 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-09-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2004-2005
• Appeal Filed On: 12-01-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: UMESH KUMAR
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: E NEW DELHI BEFORE SHRI G.D. AGRAWAL , PRESIDENT & SHRI K.NARASIMHA CHARY, JUDICIAL MEMBER ITA NO. 165 /DEL/201 6 ASSESSMENT YEAR: 20 04 - D CIT, CENTRAL CIRCLE - 7(1) , NEW DELHI. VS DALMIA (BROS) PVT. LTD. 2 ND FLOOR, INDRAPRAKASH BLDG., 21, BARAKHAMBA ROAD, NEW DELHI - 110001 PAN: AA A C D3525G APPELLANT ASSESSEE REVENUE BY NONE ASSESSEE BY SHRI UMESH KUMAR , A R ORDER PER K.NARASIMHA CHARY, JM CHALLENGING THE ORDER OF THE LEARNED COMMISSIONER OF INCOME - TAX (APPEALS) - 3, NEW DELHI ( FOR SHORT LD. CIT(A)) DATED 5.10.2015 , REVENUE PREFERRED THIS APPEAL . 2. WE HAVE HEARD THE ASSESSEE AND PERUSED THE MATERIAL ON RECORD. A S IS SEEN FROM THE RECORD, IT CAME TO OUR NOTICE THAT THE TAX EFFECT INVOLVED IN THIS CASE I S DATE OF HEARING 20 .0 9 .2018 DATE OF PRONOUNCEMENT 20 .0 9 .2018 2 RS.1 6 , 99 , 50 11,16,074 0 / - , BEING LESS THAN RS.20 LACS, WHICH SQUARELY FALLS WITHIN THE AMBIT OF CIRCULAR NO. 3/2018 DATED 11.07.2018 ISSUED BY THE CENTRAL BOAR D OF DIRECT TAXES PRESCRIBING THE TAX EFFECT FOR PREFERRING APPEALS BEFORE TRIBUNAL BY THE REVENUE. 3. AFTER PERUSING THE MATERIALS AVAILABLE ON RECORD, WE FIND THAT THE AMOUNT DISPUTED BEFORE US IS BELOW THE TAX EFFECT LIMIT PRESCRIBED BY CBDT VIDE CIRCULAR NO.3/2018 DATED 11.07.2018 FOR PREFERRING APPEALS BEFORE TRIBUNAL BY THE REVENUE. ON PERUSAL OF THE CIRCULAR NO.3/2018 DATED 11.07.2018 AND THE MATERIALS AVAILAB LE ON RECORD, LD. DR COULD NOT POINT OUT AS TO HOW AND WHY SUCH A CIRCULAR IS NOT APPLICABLE TO THE FACTS OF THE CASE. WE ALSO FIND THAT THE CIRCULAR MAKES IT VERY CLEAR THAT THE REVISED MONETARY LIMITS SHALL APPLY RETROSPECTIVELY TO PENDING APPEALS ALSO. WE FIND THAT THE CIRCULAR IS BINDING ON THE TAX AUTHORITIES. HENCE, WE HOLD THAT THE APPEAL OF THE REVENUE DESERVES TO BE DISMISSED IN TERMS OF LOW TAX EFFECT VIDE CIRCULAR NO.3/2018 DATED 11.07.2018. ACCORDINGLY, THIS BEING A LOW TAX EFFECT CASE, WE DIS MISS THIS APPEAL OF REVENUE IN LIMINE, AS UNADMITTED, WITHOUT GOING INTO THE MERITS OF THE CASE. 4. IN THE RESULT, APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 20 TH SEPTEMBER, 2018 SD/ - SD/ - ( G.D. AGRAWAL ) (K. NARASIMHA CHARY) PRESIDENT JUDICIAL MEMBER DATED: 20 TH SEPTEMBER, 2018 3 COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(APPEALS) 5 . DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI DRAFT DICTATED ON 20.09 .2018 DRAFT PLACED BEFORE AUTHOR 20.09.2018 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER 20.09.2018 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. 20.09.2018 APPROVED DRAFT COMES TO THE SR.PS/PS 20.09.2018 KEPT FOR PRONOUNCEMENT ON 20.09.2018 DATE OF UPLOADING ORDER ON THE WEBSITE 20.09.2018 FILE SENT TO THE BENCH CLERK 25.09.2018 DATE ON WHICH FILE GOES TO THE AR DATE ON WHICH FILE GOES TO THE HEAD CLERK. DATE OF DISPATCH OF ORDER.