DCIT, New Delhi V. M/s. Bose Corporation (India) Pvt. Ltd., New Delhi

ITA 1672/DEL/2015

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 4356 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 11 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-02-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: I
• Assessment Year: 2010-2011
• Appeal Filed On: 24-03-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SURENDER PAL
• Keywords: Tax effect
• Section: 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH: I-1: NEW DELHI) BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER & SHRI R.K.PANDA, ACCOUNTANT MEMBER ITA NO:-1672/DEL/2015 (ASSESSMENT YEAR: 2010-11) DCIT, CIRCLE-5(1), NEW DELHI. VS M/S. BOSE CORPORATION (INDIA) PVT.LTD., 3 RD FLOOR, PLOT NO.4, SALCOM AURUM, JASOLA DISTRICT CENTRE, NEW DELHI-110025. PAN-AAACB3260A APPELLANT RESPONDENT APPELLANT BY SH.SURENDER PAL, CIT DR RESPONDENT BY SH. RAVI PRATAP MALL, AD V. DATE OF HEARING 26.02.2020 DATE OF PRONOUNCEMENT 26.02.2020 ORDER PER R.K.PANDA, AM THE APPEAL FILED BY REVENUE IS DIRECTED AGAI NST THE ORDER DATED 28.01.2015 PASSED BY THE ASSESSING OFFICER U/S 143( 3) R.W.S 144C(5) OF THE INCOME TAX ACT, 1961 R.W. RULE 13 OF DRP RULES 200 9 FOR THE ASSESSMENT YEAR 2010-11. 2. LD. COUNSEL FOR THE ASSESSEE AT THE OUTSET, POIN TED OUT THAT THE TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENU E IS BELOW RS.50 LACS. THEREFORE, IN VIEW OF THE LATEST CBDT CIRCULAR NO.1 7/2019 DATED 08.08.2019, RAISING THE MONETARY LIMIT TO RS.50 LAC S FOR FILING APPEAL BY THE REVENUE WHICH IS EVEN APPLICABLE TO ALL PENDING APPEALS, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE AND HAS TO BE DISMISSED. ITA NO:- 1672/DEL/2015 (ASSESSMENT YEAR: 2010-11) PAGE | 2 3. LD.DR FAIRLY CONCEDED THAT THE TAX EFFECT INVOLV ED IN THE GROUNDS RAISED BY THE REVENUE IS BELOW RS.50 LACS. 4. THE CBDT VIDE CIRCULAR NO.17/2019 DATED 08.08.20 19 HAS REVISED THE MONETARY LIMIT FOR FILING THE APPEALS BEFORE TH E TRIBUNAL TO RS.50 LACS. FURTHER, CBDT VIDE INSTRUCTION DATED 20.08.2019 HAS ALSO CLARIFIED THAT CIRCULAR NO.17/2019 WOULD BE APPLICABLE TO ALL PEND ING APPEALS. IN SUCH CIRCUMSTANCES, THE PRESENT APPEAL FILED BY THE REVE NUE IN CASE OF LOW TAX EFFECT IS NOT MAINTAINABLE. 5. BEFORE PARTING, WE CLARIFY HERE THAT THE REVENUE SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR RE-INSTITUTION OF THE APP EAL, IF THE REQUISITE MATERIAL IS BROUGHT TO SHOW THAT THE APPEAL IS PROT ECTED BY THE EXCEPTIONS PRESCRIBED IN PARA 10 OF THE CIRCULAR DATED 11.07.2 018. 6. IN CONCLUSION, BY APPLYING THE CBDT CIRCULAR DAT ED 08.08.2019 AND SUBSEQUENT INSTRUCTION DATED 20.08.2019 (SUPRA), TH E CAPTIONED APPEAL OF THE REVENUE IS DISMISSED AS WITHDRAWN/NOT PRESSED. 7. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 26 TH FEBRUARY, 2020. SD/- SD/- (BHAVNESH SAINI) (R.K.PANDA) JUDICIAL MEMBER ACCOUNTA NT MEMBER DATED: 26.02.2020 * AMIT KUMAR * ITA NO:- 1672/DEL/2015 (ASSESSMENT YEAR: 2010-11) PAGE | 3 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI