ITO Ward-20 (3), V. Parduman Kumar Jain,

ITA 190/DEL/2008

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 7396 (ITAT-DELHI)
• Duration Of Justice: 8 year(s) 5 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-06-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Next Hearing Date: 20-06-2016
• Assessment Year: 1999-2000
• Appeal Filed On: 21-01-2008
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: V R SONBHADRA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: F NEW DELHI BEFORE SMT DIVA SINGH, JUDICIAL MEMBER AND SH.O.P.KANT, ACCOUNTANT MEMBER I.T.A .NO.-190 /DEL/2008 (ASSESSMENT YEAR-1999- 2000) ITO, WARD-20(3), ROOM NO.307-F, VIKAS BHAWAN, NEW DELHI. (APPELLANT) VS SH. PARDUMAN KUMAR JAIN, H-7A, MODEL TOWN, DELHI (RESPONDENT) APPELLANT BY SH. V.R.SONBHADRA, SR.DR RESPONDENT BY NONE ORDER PER DIVA SINGH, JM THE PRESENT APPEAL HAS BEEN FILED BY THE REVENUE AS SAILING THE CORRECTNESS OF THE ORDER DATED 26.11.2007 OF CIT(A)-XXII, NEW D ELHI PERTAINING TO 1999-2000 ASSESSMENT YEAR ON THE FOLLOWING GROUNDS: 1. THE LD. COMMISSIONER OF INCOME TAX (A0 ERRED IN LA W AND ON FACTS IN DIRECTING THE ASSESSING OFFICER TO DELETE THE ADDIT ION MADE ON ACCOUNT OF ACCOMMODATION ENTRY OF RS.18 LAKHS AND COMMISSION O F 0.5% PAID. 2. THE APPELLANT CRAVES LEAVE TO AMEND OR ALTER ALL OR ANY OF THE AFORESAID GROUNDS OF APPEAL AND ADD ANY OTHER GROUND OF APPEA L. 2. NO ONE WAS PRESENT ON BEHALF OF THE ASSESSEE. CO NSIDERING THE AMOUNT AT STAKE FOR THE REVENUE, LD. SR. DR WAS REQUIRED TO A DDRESS CIRCULAR NO.21/2015 DATED 10TH DECEMBER, 2015 OF CBDT. CONSIDERING THE SAME AND THE FACTS ON RECORD, THE LD. SR. DR REFERRING TO THE DEPARTMENTA L GROUND, SUBMITTED THAT CONSIDERING THE TAX RATES FOR 1999-2000 AY THE TAX EFFECT INVOLVED IS MUCH LESS THAN RS.10 LAKH. DATE OF HEARING 20.06.2016 DATE OF PRONOUNCEMENT 22.06.2016 I.T.A .NO.-190/DEL/2008 PAGE 2 OF 2 3. WE HAVE HEARD THE SUBMISSIONS OF THE PARTIES ON THIS ISSUE AND PERUSED THE MATERIAL ON RECORD. WE FIND THAT THE CBDT VIDE THE AFORESAID CIRCULAR DATED 10.12.2015 HAS REVISED THE MONETARY LIMIT TO RS.10 LAKH FOR FILING THE APPEAL BY THE DEPARTMENT BEFORE INCOME TAX APPELLATE TRIBUNAL . PARA 3 OF THE AFORESAID CIRCULAR HAS BEEN MADE APPLICABLE VIDE PARA 10 RETR OSPECTIVELY. CONSIDERING THE SETTLED LEGAL PRECEDENT THAT THE BOARDS INSTRUCTIO NS OR DIRECTIONS ISSUED TO THE INCOME TAX AUTHORITIES U/S 268A OF THE INCOME TAX A CT, 1961 ARE BINDING ON THE AUTHORITIES, WE DISMISS THE DEPARTMENTAL APPEAL CON SIDERING THE MATERIAL AVAILABLE ON RECORD. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 22 J UNE, 2016. SD/- SD/- (O.P.KANT) (DIVA SINGH ) ACCOUNTANT MEMBER JUDICIAL MEMBER *AMIT KUMAR* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSI STANT REGISTRAR ITAT NEW DELHI