DDIT, New Delhi V. Mrs. Bina Mehta, New Delhi

ITA 1864/DEL/2014

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 7046 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 9 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-01-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 27-01-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 31-03-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K K JAISWAL
• Assessee Lawyers: S K GUPTA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH A , NEW DELHI BEFORE SHRI H.S. SIDHU, JUDICIAL MEMBER AND SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER ITA NO. 1 864 /DEL/201 4 AY: 200 9 - 10 DDIT, CIRCLE 3(1) VS. MRS. BINA MEHTA NEW DELHI S 117, PANCHSHILA PARK MALVIYA NAGAR NEW DELHI PAN: AHCPM 1179 P (AP PELLANT) (RESPONDENT) APPELLANT BY : SH. K.K.JAISWAL, D.R. RESPONDENT BY : SH. S .K.GUPTA , ADV. ORDER PER J. SUDHAKAR REDDY, ACCOUNTANT MEMBER THIS IS AN APPEAL FILED BY THE REVENUE DIRECTED AGAINST THE ORDER OF THE LD.COMMISSIONER OF INCOME TAX (APPEALS) - XXIV, NEW DELHI DATED 03.01.2014 PERTAINING TO THE ASSESSMENT YEAR (A.Y.) 200 9 - 10 . 1.1. THE TAX EFFECT IN THIS APPEAL BY THE REVENUE DOES NOT EXCEED THE MONETARY LIMIT OF RS.10 LAKHS SPECIFIED IN REC ENT CBDT CIRCULAR NO.21/2015 DATED 10 TH DECEMBER,2015, F. NO. 279/MISC./142/2007 - ITJ(PT.) READ WITH S.268 A OF THE INCOME TAX ACT 1961. FURTHER IN THIS CBDT CIRCULAR, AT PARA 10 IT IS SPECIFIED THAT THE INSTRUCTION WILL APPLY RETROSPECTIVELY, TO ALL PENDING APPEALS. 2. THE LD.D.R. COULD NOT CONTR O VER T THE FACT THAT THE TAX EFFECT ON THE QUANTUM OF INCOME IN DISPUTE IS BELOW THE MONETARY LIMIT OF RS.10,00,000/ - (TEN LAKHS ONLY). ITA NO. 1864 /DEL/2014 A.Y. 200 9 - 10 MRS.BINA MEHTA . 2 2.1. HENCE WE DISMISS THIS 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.) READ WITH S.268 A OF THE INCOME TAX ACT 1961, AND HENCE NOT MAINTAINABLE. 2.2 . IN CAS E THERE IS A MISTAKE IN THE CALCULATION OR IF THE CASE IS COVERED BY ANY OF THE EXCEPTION SPECIFIED IN THE CIRCULAR THE REVENUE MAY FILE A MISC. APPLICATION U/S 254(2) OF THE INCOME TAX ACT 1961 POINTING OUT THE MISTAKE AND IF THE BENCH IS CONVINCED OF TH E MISTAKE, THIS ORDER WILL BE RECALLED AND THE APPEAL RESTORED FOR FRESH DISPOSAL ON MERITS. 3. IN THE RESULT REVENUE S APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 29 TH JANUARY, 2016 . SD/ - SD/ - ( H.S.SIDHU ) (J. SUDHAKAR REDDY) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: THE 29 TH JANUARY, 2016 MANGA COPY FORWARDED TO: - 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(A) 5 . DR, ITAT TRUE COPY BY ORDER, ASSISTANT REGISTRAR