DCIT, New Delhi V. Shri Ashok Kumar, Muzaffarnagar

ITA 1664/DEL/2017

• Counselvise Citation: [2018] 118 COUNSELVISE.COM (IT) 9351 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 8 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-12-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2014-2015
• Appeal Filed On: 20-03-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Retrospective amendment; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: A, NEW DELHI BEFORE SH. H.S. SIDHU, JUDICIAL MEMBER AND SH. L.P. SAHU, ACCOUNTANT MEMBER ITA NO.1664/DEL/2017 ASSESSMENT YEAR: 2014-15 DCIT, CC-28, ROOM NO. 317, ARA CENTRE, JHANDEWALAN EXTENSION, NEW DELHI VS. ASHOK KUMAR HOUSE NO. 122, SOUTH BHOPA ROAD, NEW MANDI MUZAFFARNAGAR (PAN:ACDPK1548A) ( APPELLANT ) (RESPONDENT) ORDER PER H.S. SIDHU, J.M.: THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST TH E ORDER PASSED BY THE LD. CIT(A)-29, NEW DELHI IN RELATION TO ASSESSMENT YEAR 2014-15. 2. THE LEARNED DR SUPPORTED THE ORDER OF THE ASSESS ING OFFICER, BUT COULD NOT CONTROVERT THE FACT THAT THE TAX EFFE CT INVOLVED IN THIS APPEAL IS LESS THAN RS.20,00,000/-. 3. ON THE CONTRARY, LD. A.R. FOR THE ASSESSEE STAT ED THAT THE TAX EFFECT INVOLVED IN THIS CASE IS LESS THAN RS. 2 0 LACS. 4. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE R ELEVANT MATERIAL ON RECORD. IT IS NOTICED THAT RECENTLY THE CBDT HAS ISSUED CIRCULAR NO. 03 OF 2018, DATED 11TH JULY, 20 18 WITH RETROSPECTIVE EFFECT, REVISING THE MONETARY LIMIT T O RS.20,00,000/- FOR NOT FILING APPEALS BEFORE THE TRIBUNAL. DEPARTMENT BY SHRI SRIDHAR DORA, SR. DR. ASSESSEE BY SHRI V.K. AGARWAL, A.R. 2 5. FROM THE AFORE-NOTED CIRCULAR, IT IS PALPABLE TH AT THE INSTRUCTION IS APPLICABLE TO THE PENDING APPEALS AL SO WITH RETROSPECTIVE EFFECT AND THERE IS A CLEAR-CUT DIREC TION TO THE DEPARTMENT TO WITHDRAW OR NOT PRESS SUCH APPEAL FIL ED BEFORE THE ITAT, WHEREIN TAX EFFECT IS LESS THAN RS.20,00,000/ -. GOING BY THE PRESCRIPTION OF THE AFORE-NOTED CIRCULAR, WE ARE OF THE VIEW THAT THE REVENUE SHOULD HAVE EITHER NOT FILED THE INSTAN T APPEAL BEFORE THE TRIBUNAL OR WITHDRAWN THE SAME AS THE TAX EFFEC T IN THIS APPEAL IS ADMITTEDLY LESS THAN THE PRESCRIBED LIMIT , I.E., RS. 20,00,000/- FOR NOT FILING THE APPEAL BEFORE THE TR IBUNAL. ACCORDINGLY, WE DISMISS THE INSTANT APPEAL FILED BY THE REVENUE WITHOUT GOING INTO MERITS OF THE CASE. HOWEVER, THE DEPARTMENT IS AT LIBERTY TO FILE MISCELLANEOUS APPLICATION, IF TH E TAX EFFECT IS FOUND TO BE MORE THAN THE PRESCRIBED LIMITED OF RS. 20,00,000/- OR OTHERWISE. ACCORDINGLY, THE APPEAL OF THE REVENU E STANDS DISMISSED. 6. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. THE DECISION IS PRONOUNCED ON 19 TH DECEMBER, 2018. SD/- SD/- (L.P. SAHU) (H.S . SIDHU) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 19 TH DECEMBER, 2018. SRBHATNAGAR COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ASSTT. REGISTRAR, ITAT, NEW DELHI 3