DCIT (Exemption), New Delhi V. Technology Development Board, New Delhi

ITA 2064/DEL/2017

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 8404 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 11 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-03-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2009-2010
• Appeal Filed On: 06-04-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PRAKASH DUBEY
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH, G: NEW DELHI (THROUGH VIDEO CONFERENCING) BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER ITA NO.2064/DEL/2017 ASSESSMENT YE AR : 2009-10 DEPUTY COMMISSIONER OF INCOME TAX (E), CENTRAL CIRCLE-2(1), ROOM NO.2408, 24 TH FLOOR, E-2, DR. S.P. MUKHERJEE CIVIC CENTRE DELHI-110016 VS. TECHNOLOGY DEVELOPMENT BOARD, WING-A, GROUND FLOOR, VISHKARMA BHAWAN, SHAHEED JEET SINGH MARG, NEW DELHI-110016 PAN-AAALT0531B (APPELLANT) (RESPONDENT) APPELLANT BY : SH. PRAKASH DUBEY, SR. DR RESPONDENT BY : SH. PRAVIN GUPTA , ADVOCATE DATE OF HEARING : 23.03.2021 DATE OF PRONOUNCEMENT : 23.03.2021 ORDER PER R.K. PANDA, AM : THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE O RDER DATED 13.01.2017 OF THE LEARNED CIT(A)-40, DELHI, RELATING TO ASSE SSMENT YEAR 2009-10. 2. LEARNED COUNSEL FOR THE ASSESSEE AT THE OUTSET, POIN TED OUT THAT THE TAX EFFECT INVOLVED IN THE PRESENT APPEAL, FILED BY THE REVEN UE, IS BELOW RS.50 LAKHS. THEREFORE, IN VIEW OF THE LATEST CBDT CIRCULAR NO.17/2019 DATED 08.08.2019, RAISING THE MONETARY LIMIT TO RS.50 LAKHS FOR FILING APPEAL BY THE REVENUE WHICH IS EVEN APPLICABLE TO ALL PENDI NG APPEALS, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE AND HAS TO BE DISMISSED. ITA NO.2064/DEL/2017 2 3. LEARNED DR FAIRLY CONCEDED THAT THE TAX EFFECT INVOLVE D IN THE APPEAL FILED BY THE REVENUE IS BELOW RS.50 LAKHS. 4. THE CBDT VIDE CIRCULAR NO.17/2019 DATED 08.08.2019 HAS REVISED THE MONETARY LIMIT FOR FILING THE APPEALS BEFORE THE TRIBUNAL TO RS.50 LACS. FURTHER, CBDT VIDE LETTER DATED 20.08.2019 HAS ALSO CLARIFIED THAT CIRCULAR NO.17/2019 WOULD BE APPLICABLE TO ALL PENDING APPEALS. IN S UCH CIRCUMSTANCES, THE PRESENT APPEAL FILED BY THE REVENUE IN CASE OF LOW TAX EFFECT IS NOT MAINTAINABLE. 5. BEFORE PARTING, WE CLARIFY HERE THAT THE REVENUE SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR RE-INSTITUTION OF APPEA L, IF THE REQUISITE MATERIAL IS BROUGHT TO SHOW THAT THE APPEAL IS PROTECTED BY THE EXCEPTIONS PRESCRIBED IN PARA-10 OF THE CIRCULAR DATED 11.07.2018. 6. IN CONCLUSION, BY APPLYING THE CBDT CIRCULAR DATED 08.0 8.2019 AND LETTER DATED 20.08.2019 (SUPRA), THE CAPTIONED APPEAL O F THE REVENUE IS DISMISSED AS WITHDRAWN/NOT PRESSED. 7. IN THE FINAL RESULT, THE APPEAL OF THE REVENUE STANDS DISMISSED. ABOVE DECISION WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF BOTH THE PARTIES ON CONCLUSION OF VIRTUAL HEARING ON 23 RD MARCH, 2021. SD/- SD/- (SUDHANSHU SRIVASTAVA) (R.K. PANDA) JUDICIAL MEMBER ACCOUNTANT MEMBER DELHI/DATED- 23.03.2021 F{X~{T ITA NO.2064/DEL/2017 3 COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT BY ORDER ASSISTANT REGISTRAR, ITAT, DELHI