ITO, Muzaffarnagar V. Smt. Renu Gupta, Muzaffarnagar

ITA 1905/DEL/2016

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 1451 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 7 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-11-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: H
• Assessment Year: 2007-2008
• Appeal Filed On: 08-04-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AGAINST DATED PASSED
• Keywords: Audit objection; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : B , NEW DELHI BEFORE SH. H.S. SIDHU , JUDICIAL M EMBER AND SH. O.P. KANT , ACCOUNTANT MEMBER ITA NO .1905 /DE L/ 2016 ASSESSMENT YEAR: 2007 - 0 8 INCOME TAX OFFICER, WARD - 2(2), MUZAFFARNAGAR VS. SMT. RENU GUPTA, 247, NORTH CIVIL LINES, MUZAFFARNAGAR PAN : AATPG8502E (APPELLANT) (RESPONDENT) ORDER PER O.P. KANT, AM: THE PRESENT APPEAL HAS BEEN FILED BY THE REVENUE AGAINST THE ORDER DATED 29.01.2016 PASSED BY CIT(A), MUZAFFARNAGAR, PERTAINING TO THE ASSESSMENT YEAR 2007 - 08. IT HAS BEEN IDENTIFIED BY THE REGISTRY THAT THE TAX EFFECT INVOLVED IN THE PRESENT APPEAL IS LESS THAN RS.20,00,000/ - . 2. DURING THE COURSE OF HEARING, THE LEARNED SR. DR SUBMITTED THAT NO DOUBT TAX EFFECT INVOLVED IN THE APPEAL IS LESS THAN RS.20 LAKHS, THUS, BOUND BY THE DEPARTM ENTAL INSTRUCTION, THE APPEAL HAS TO BE WITHDRAWN. HOWEVER, ATTENTION WAS INVITED TO PARA 10 OF THE CIRCULAR NO. 3/2018, DATED 11 TH JULY, 2018, WHICH HAS BEEN APPELLANT BY MS. ASHIMA NEB, SR.DR RESPONDENT BY SH. V. RAJA KUMAR, ADV. DATE OF HEARING 26.11.2018 DATE OF PRONOUNCEMENT 26.11.2018 2 ITA NO. 1905/DEL/2016 MODIFIED BY CIRCULAR DATED 20 TH AUGUST, 2018 AND IN TERMS OF THE SAID MODIFICATION THE DEPARTMENT AL REPRESENTATIVES MADE A PRAYER THAT PERMISSION TO PRAY FOR RECALL OF THE ORDER MAY BE GRANTED IN CASE ANY OF THE CONDITIONS IN THE REPORTS MADE AVAILABLE BY THE A.O. SUBSEQUENTLY, SHOW THAT THE ISSUES WERE REQUIRED TO BE CONTESTED. THE MODIFIED PARA IS E XTRACTED HEREUNDER: 10. ADVERSE JUDGMENTS RELATING TO THE FOLLOWING ISSUES SHOULD BE CONTESTED ON MERITS NOTWITHSTANDING THAT THE TAX EFFECT ENTAILED IS LESS THAN THE MONETARY LIMITS SPECIFIED IN PARA 3 ABOVE OR THERE IS NO TAX EFFECT: (A) WHERE THE CONSTITUTIONAL VALIDITY OF THE PROVISIONS OF AN ACT OR RULE IS UNDER CHALLENGE, OR (B) WHERE BOARD'S ORDER, NOTIFICATION, INSTRUCTION OR CIRCULAR HAS BEEN HELD TO BE ILLEGAL OR ULTRA VIRES, OR (C) WHERE REVENUE AUDIT OBJECTION IN THE CASE HAS BEEN ACCEPT ED BY THE DEPARTMENT, OR (D) WHERE ADDITION RELATES TO UNDISCLOSED FOREIGN INCOME/UNDISCLOSED FOREIGN ASSETS (INCLUDING FINANCIAL ASSETS)/ UNDISCLOSED FOREIGN BANK ACCOUNT. (E) WHERE ADDITION IS BASED ON INFORMATION RECEIVED FROM EXTERNAL SOURCES IN THE NATURE OF LAW ENFORCEMENT AGENCIES SUCH AS CBI/ ED/ DRI/ SFIO/ DIRECTORATE GENERAL OF GST INTELLIGENCE (DGGI). (F) CASES WHERE PROSECUTION HAS BEEN FILED BY THE DEPARTMENT AND IS PENDING IN THE COURT. 3. ACCEPTING THE SAID REQUEST, THE APPEAL IS DISMIS SED AS INFRUCTUOUS. WHILE SO DIRECTING, IT IS MADE CLEAR THAT THE DEPARTMENT IS AT LIBERTY TO FILE MISCELLANEOUS APPLICATION, IF THE TAX EFFECT IS FOUND TO BE MORE THAN THE PRESCRIBED LIMIT OF 3 ITA NO. 1905/DEL/2016 RS.20,00,000/ - OR ANY OF THE CONDITIONS ETC., AS AVAILABLE IN T HE AMENDMENT CARRIED OUT IN PARA 10 OF CIRCULAR NO. 3/2018, DATED 20.08.2018, IS MADE OUT. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED. ORDER IS PRONOUN CED IN THE OPEN COURT ON 2 6 T H NOVEMBER , 201 8 . S D / - S D / - H.S. SIDHU O.P. KANT JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 2 6 T H NOVEMBER , 201 8 . RK / - (D.T.D . ) COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(A) 5 . DR ASST. REGISTRAR, ITAT, NEW DELHI