ACIT, New Delhi V. Sh. Nageshwar Pandey, New Delhi

ITA 1765/DEL/2011

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 4229 (ITAT-DELHI)
• Duration Of Justice: 7 year(s) 4 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Next Hearing Date: 07-06-2017
• Assessment Year: 2006-2007
• Appeal Filed On: 11-04-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAVIKANT GUPTA

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI E BENCH, NEW DELHI BEFORE SHRI N.K. BILLAIYA , ACCOUNTANT MEMBER, AND SHRI K.N. CHARY, JUDICIAL MEMBER ITA NO. 1 7 6 5 /DEL/201 1 [ASSESSMENT YEAR: 20 0 6 - 0 7 ] T H E A . C.I.T. V S . S H R I N A G E S H W A R P A N D E Y C I R C L E 3 7 ( 1 ) E C 4 , I N D E R P U R I N E W D E L H I N E W D E L H I PAN : A F N P P 6 6 5 1 P [APPELLANT] [RESPONDENT] DATE OF HEARING : 1 4 . 0 8 .201 8 DATE OF PRONOUNCEMENT : 1 4 .0 8 .2018 ASSESSEE BY : SHRI A B H I S H E K M A T H U R , A D V REVENUE BY : SHRI R A V I K A N T G U P T A , S R - DR ORDER PER N.K. BILLAIYA, ACCOUNTANT MEMBER, T H I S A P P E A L B Y T H E R E V E N U E I S P R E F E R R E D A G A I N S T T H E ORDER OF THE COMMISSIONER OF INCOME TAX [APPEALS] - X X V I I I N E W D E L H I DATED 0 5 . 0 1 .201 1 PERTA INING TO ASSESSMENT YEAR 20 0 6 - 0 7 . 2. T H E R E V E N U E H A S T A K E N T H R E E S U B S T A N T I V E GROUNDS O F A P P E A L . T O T A L DELETION C H A L L E N G E D B Y T H E R E V E N U E A M O U N T S T O RS. 2 7 , 6 5 , 0 0 0 / - . I T C A N B E S E E N T H A T T A X E F F E C T O N T O T A L A M O U N T 2 DELETED B Y T H E FIRST APPELLATE AUTHORITY W O U L D B E L E S S T H A N RS. 2 0 L A K H S . 3 . THIS APPEAL BY THE REVENUE HAS TO BE DISMISSED IN THE LIGHT OF THE CBDT CIRCULAR NO. 3 /201 8 DATED 1 1 . 07 .201 8 B Y WHICH THE BOARD HAS REVISED THE MONETARY LIMIT FOR FILING OF APPEALS BY THE DEPARTMENT BEFORE THE ITAT AND THE MONETARY LIMIT HAS BEEN FIXED AT RS. 20 LAKHS. THE BOARD AT CLAUSE 13 OF THE SAID CIRCULAR HAS CLARIFIED AS UNDER: THIS CIRCULAR WILL APPLY T O SLPS/APPEALS/CROSS OBJECTIONS/REFERENCES TO BE FILED HENCEFORTH IN SUPREME COURT/HIGH COURT/TRIBUNAL AND IT SHALL ALSO APPLY RETROSPECTIVELY TO PENDING SLPS/APPEALS/CROSS OBJECTIONS/ REFERENCES. THE PENDING APPEALS BELOW THE SPECIFIED TAX LIMIT IN PARA 3 ABOVE MAY BE WITHDRAWN/NOT PRESSED. 4. IN THE LIGHT OF THE AFORESAID CBDT CIRCULAR, THE APPEAL FILED BY THE REVENUE IS DISMISSED. 5 . IN THE RESULT, THE APPEAL FILED BY THE R E V E N U E I S DISMISSED . THE ORDER IS PRON OUNCED IN THE OPEN COURT ON 1 4 . 0 8 .2018. S D / - S D / - [ K.N. CHARY ] [N.K. BILLAIYA] J UDICIAL MEMBER ACCOUNTANT MEMBER DATED: 1 4 T H AUGUST , 2018 VL/ 3 COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(A) 5. DR ASST. REGISTRAR, ITAT, NEW DELHI DATE OF DICTATION DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.PS/PS DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.PS/PS DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT DATE ON WHICH THE FILE GOES TO THE BENCH CLERK DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER