ITO, Rishikesh V. M/s. M.S. Negi & Associates, Tehri Garhwal

ITA 2001/DEL/2015

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 5758 (ITAT-DEHRADUN)
• Duration Of Justice: 5 year(s) 11 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-03-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Dehradun
• Assessment Year: 2010-2011
• Appeal Filed On: 06-04-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VINAY SINGH RAWAT
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DEHRADUN BENCH : DEHRADUN (THROUGH VIRTUAL HEARING) BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND SHRI AMIT SHUKLA, JUDICIAL MEMBER ITA NO.2001/DEL/2015 ASSESSMENT YEAR: 2010-11 ITO, WARD-1, RISHIKESH. VS M.S. NEGI & ASSOCIATES, NEAR MILAN WEDDING POINT, COLLEGE ROAD, CHAMBA, TEHRI GARHWAL. PAN: AAOFM7846C (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI KAPIL GOEL, ADVOCATE REVENUE BY : SHRI VINAY SINGH RAWAT, SR. DR DATE OF HEARING : 26.03.2021 DATE OF PRONOUNCEMENT : 26.03.2021 ORDER PER R.K. PANDA, AM: THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST THE ORDER DATED 06.01.2015 OF THE CIT(A), DEHRADUN, RELATING TO THE ASSESSMENT YEAR 2010-11. 2. THE LD. COUNSEL FOR THE ASSESSEE, AT THE OUTSET, SUBMITTED THAT THE TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE IS BE LOW RS.50 LAKHS. THEREFORE, IN VIEW OF THE RECENT CBDT CIRCULAR NO.17/2019 DATED 8 TH AUGUST, 2019, RAISING THE MONETARY LIMIT FOR FILING OF THE APPEAL BY THE REVE NUE BEFORE THE TRIBUNAL TO RS.50 LAKHS AND THE SUBSEQUENT CLARIFICATION OF THE CBDT, VIDE NOTIFICATION DATED 20 TH ITA NO. 2001 / DEL /20 1 5 2 AUGUST, 2019 STATING THAT THE SAID CIRCULAR IS APPL ICABLE EVEN TO PENDING APPEALS, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE . 3. THE LD. DR, ON THE OTHER HAND, FAIRLY CONCEDED T HAT THE TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE BEING BELOW RS.50 LAKHS, THE APPEAL FILED BY THE REVENUE SQUARELY FALLS WITHIN THE AMBIT OF THE RECE NT CBDT CIRCULAR NO.17/2019 DATED 8 TH AUGUST, 2019 AND THE SUBSEQUENT CLARIFICATION DATE D 20 TH AUGUST, 2019. 4. AFTER HEARING BOTH THE SIDES, WE FIND THE TAX EF FECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE IS ADMITTEDLY BELOW RS.50 LAK HS. THEREFORE, IN VIEW OF THE CBDT CIRCULAR NO.17/2019 DATED 8 TH AUGUST, 2019 RAISING THE MONETARY LIMITS FOR FILING OF THE APPEALS BY THE REVENUE BEFORE THE TRI BUNAL TO RS.50 LAKHS AND THE SUBSEQUENT CLARIFICATION DATED 20 TH AUGUST, 2019 TO THE EFFECT THAT THE SAID CIRCULAR IS APPLICABLE EVEN TO PENDING APPEALS, THE APPEAL F ILED BY THE REVENUE IS NOT MAINTAINABLE. ACCORDINGLY, THE SAME IS DISMISSED. 5. HOWEVER, IF THE REVENUE AT ANY POINT OF TIME FIN DS THAT THE TAX EFFECT INVOLVED IN THE GROUNDS OF THE REVENUE IS MORE THAN RS.50 LAKHS OR THAT THE SAME IS FALLING UNDER THE EXCEPTIONS PROVIDED IN THE SAID C IRCULAR, THE REVENUE MAY MOVE NECESSARY APPLICATION FOR RECALL OF THIS ORDER.