DCIT, New Delhi V. M/s Cincom Systems India Pvt. Ltd., New Delhi

ITA 2095/DEL/2017

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 7330 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 9 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-01-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 07-04-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: SH; SURENDER PAL SHRI VED JAIN
• Keywords: Tax effect

Judgement Text

INCOME TAX APPELLATE TRIBUNAL DELHI BENCH I-1: NEW DELHI (THROUGH VIDEO CONFERENCING) BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND MS. SUCHITRA KAMBLE, JUDICIAL MEMBER ITA NO. 2095/DEL/2017 ASSTT. YEAR 2011-12 DCIT CIRCLE -6(1) ROOM NO. 390 C.R. BUILDING, NEW DELHI. VS. M/S. CINCOM SYSTEMS INDIA PVT. LTD. 307, BHIKAJI CAMA BHAWAN, BHIKAJI CAMA PLACE, NEW DELHI -110 066 PAN AAACC8712E RESPONDENT (RESPONDENT) O R D E R PER R.K. PANDA, AM THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 19 TH OCTOBER, 2016 OF LD. CIT(A)-44, NEW DELHI RELATING TO ASSESSMENT YEAR 2011-12. DEPARTMENT BY: SHRI SURENDER PAL , CIT(DR) ASSESSEE BY: SHRI VED JAIN & SHRI ASHISH GOEL, CA DATE OF HEARING 25/01 /20 2 1 DATE OF PRONOUNCEMENT 25 /01 /202 1 2 2. LD. COUNSEL FOR THE ASSESSEE AT THE OUTSET SUBMITTED THAT THE TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE IS ADMITTEDLY BELOW RS. 50 LAKHS. THEREFORE, IN VIEW OF THE RECENT CBDT CIRCULAR NO. 17/2019 DATED 8 TH AUGUST, 2019 THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE. 3. LD. CIT (DR) FAIRLY CONCEDED THAT THE TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE IS BELOW RS. 50 LAKHS AND THEREFORE THE CBDT CIRCULAR IS APPLICABLE TO THE PRESENT CASE. 4. AFTER HEARING BOTH THE SIDES WE FIND THE TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE IS ADMITTEDLY BELOW RS. 50 LAKHS. THEREFORE, IN VIEW OF CIRCULAR NO. 17/2019 DATED 8 TH AUGUST, 2019 ISSUED BY THE CBDT RAISING THE MONETARY LIMIT TO RS. 50 LAKHS FOR FILING OF APPEALS BY THE REVENUE BEFORE THE TRIBUNAL AND SUBSEQUENT CLARIFICATION DATED 20 TH AUGUST, 2019 THAT THE ABOVE CIRCULAR APPLIES EVEN TO THE PENDING APPEALS, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE AND IS ACCORDINGLY DISMISSED. 3 5. IN THE RESULT, APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ITSELF I.E. ON 25 TH JANUARY, 2021. SD/- SD/- (SUCHITRA KAMBLE) (R.K. PANDA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 25/01/2021 VEENA COPY FORWARDED TO 1. APPLICANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI