ITO, New Delhi V. M/s. Studio U Plus A Advisory Pvt. Ltd., Delhi

ITA 170/DEL/2014

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 7445 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 11 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-01-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 06-01-2016
• Assessment Year: 2010-2011
• Appeal Filed On: 08-01-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANIMA BARNWAL SENIOR
• Assessee Lawyers: ASHUTOSH JAIN
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH G : NEW DELHI) BEFORE SHRI N.K. SAINI, ACCOUNTANT MEMBER AND SHRI A.T. VARKEY, JUDICIAL MEMBER ITA NO.170/DEL./2014 (ASSESSMENT YEAR : 2010-11) ITO, WARD 9 (2), VS. M/S. STUDIO U PLUS A ADVISOR Y PVT. LTD., NEW DELHI. (FORMERLY KNOWN AS STUDIO U PLUS A NORR ARCHITECTS PVT. LTD.), M 26, GROUND FLOOR, GREATER KAILASH-II, DELHI 110 049. (PAN : AABCF2508A) (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI ASHUTOSH JAIN REVENUE BY : SMT. ANIMA BARNWAL, SENIOR DR DATE OF HEARING : 06.01.2016 DATE OF PRONOUNCEMENT : 06.01.2016 O R D E R PER A.T. VARKEY, JUDICIAL MEMBER : THE ASSESSEE HAS FILED THIS APPEAL AGAINST THE ORDE R OF CIT (APPEALS)-XII, NEW DELHI DATED 17.10.2013 FOR THE ASSESSMENT YEAR 2010-11. 2. THE TAX EFFECT IN THE APPEAL BY THE REVENUE DOES NOT EXCEED THE MONETARY LIMIT OF RS.10 LAKHS SPECIFIED IN CIRCULAR NO.21/2015 DATED 10 TH DECEMBER,2015, F.NO.279/MISC./142/2007-ITJ(PT.). 3. WE ARE OF THE OPINION THAT THE CIRCULAR OF THE C BDT RESULTS IN THE REVENUE APPEAL BEING NOT MAINTAINABLE. FURTHER THIS CBDT CIRCULA R, AT PARA 10 SPECIFIES THAT THE ITA NO.170/DEL./2014 2 INSTRUCTION WILL APPLY RETROSPECTIVELY, TO ALL PEND ING APPEALS. WE HAVE EXAMINED THE GROUNDS OF APPEALS AND HAVE FOUND THAT THE TAX EFFE CT ON THE QUANTUM OF INCOME IN DISPUTE IS BELOW THE MONETARY LIMIT OF RS.10,00,000/- (RUPE ES TEN LAKHS ONLY). 4. HENCE WE DISMISS THE 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.) A ND HENCE NOT MAINTAINABLE. 5. 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 MA Y FILE MISC. APPLICATION U/S 254(2) OF THE INCOME TAX ACT 1961 POINTING OUT THE MISTAKE AN D IF THE BENCH IS CONVINCED OF THE MISTAKE, THE ORDER WILL BE RECALLED AND THE APPEAL WILL BE RESTORED FOR FRESH DISPOSAL ON MERITS. 6. IN THE RESULT, THE REVENUES APPEAL IS DISMISSED . ORDER PRONOUNCED IN OPEN COURT ON THIS 6 TH DAY OF JANUARY, 2016 AFTER CONCLUSION OF THE HEARING. SD/- SD/- (N.K. SAINI) (A.T. VARKEY) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED THE 6 TH DAY OF JANUARY, 2016 TS COPY FORWARDED TO: 1.APPELLANT 2.RESPONDENT 3.CIT 4.CIT(A)-XII, NEW DELHI. 5.CIT(ITAT), NEW DELHI. AR, ITAT NEW DELHI.