ITO, Ward- 1(4)(1), Rishikesh V. Anchal Agro Enterprises Pvt. Ltd., Dehradun

ITA 2114/DEL/2018

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 6596 (ITAT-DELHI)
• Duration Of Justice: 4 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-07-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2014-2015
• Appeal Filed On: 27-03-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ASHIMA NEB
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: A NEW DELHI BEFORE SHRI G.D. AGRAWAL, HONBLE PRESI DENT & SHRI K.NARASIMHA CHARY, JUDICIAL MEMBER ITA NO.2114/DEL/2018 ASSESSMENT YEAR: 2014-15 ITO WARD 1(4)(1) RISHIKESH VS ANCHAL AGRO ENTERPRISES P. LTD. C/O SH. PARNAY SETH, ST. JUDES CHOWK, 1 ST FLOOR, SBI ATM, SHIMLA ROAD, DEHRADUN. PAN NO. AALCA4605K & CO NO 148/DEL/2018 (IN ITA NO. 2114/DEL/2018) ASSESSMENT YEAR: 2014-15 ANCHAL AGRO ENTERPRISES P. LTD. C/O SH. PARNAY SETH, ST. JUDES CHOWK, 1 ST FLOOR, SBI ATM, SHIMLA ROAD, DEHRADUN. PAN NO. AALCA4605K VS ITO WARD 1(4)(1) RISHIKESH REVENUE BY MS. ASHIMA NEB, SR. DR ASSESSEE BY SH. TARANDEEP SINGH, CA ORDER PER BENCH CHALLENGING THE ORDER OF THE LEARNED COMMISSIONER O F INCOME-TAX (APPEALS)- DEHRADUN (FOR SHORT CIT(A)) DATED 25.0 1.2018, REVENUE PREFERRED DATE OF HEARING 27.07.2018 DATE OF PRONOUNCEMENT 27.07.2018 2 THIS APPEAL AGAINST THE DELETION OF ADDITIONS OF RS 43,14,552/- MADE BY THE LEARNED ASSESSING OFFICER. ASSESSEE FILED THE CROS S OBJECTION CHALLENGING THE ADDITIONS MADE BY THE LD. ASSESSING OFFICER AND IN SUPPORT OF THE ORDER UNDER CHALLENGE BY THE REVENUE. 2. AT THE OUTSET, IT IS SUBMITTED BY THE LEARNED AR THAT THE QUANTUM INVOLVED IN THIS CASE BEING LESS THAN RS.20 LACS, SQUARELY F ALLS WITHIN THE AMBIT OF CIRCULAR NO.3/2018 DATED 11.07.2018 ISSUED BY THE CENTRAL BO ARD OF DIRECT TAXES PRESCRIBING THE TAX EFFECT FOR PREFERRING APP EALS BEFORE TRIBUNAL BY THE REVENUE. 3. AFTER PERUSING THE MATERIALS AVAILABLE ON RECOR D, WE FIND THAT THE AMOUNT DISPUTED BEFORE US IS BELOW THE TAX EFFECT LIMIT PR ESCRIBED BY CBDT VIDE CIRCULAR NO.3/2018 DATED 11.07.2018 FOR PREFERRING APPEALS B EFORE TRIBUNAL BY THE REVENUE. ON PERUSAL OF THE CIRCULAR NO.3/2018 DATE D 11.07.2018 AND THE MATERIALS AVAILABLE ON RECORD, LD. DR COULD NOT POI NT OUT AS TO HOW AND WHY SUCH A CIRCULAR IS NOT APPLICABLE TO THE FACTS OF THE CA SE. WE ALSO FIND THAT THE CIRCULAR MAKES IT VERY CLEAR THAT THE REVISED MONETARY LIMIT S SHALL APPLY RETROSPECTIVELY TO PENDING APPEALS ALSO. WE FIND THAT THE CIRCULAR IS BINDING ON THE TAX AUTHORITIES. HENCE, WE HOLD THAT THE APPEAL OF THE REVENUE DESER VES TO BE DISMISSED IN TERMS OF LOW TAX EFFECT VIDE CIRCULAR NO.3/2018 DATED 11. 07.2018. ACCORDINGLY, THIS BEING A LOW TAX EFFECT CASE, WE DISMISS THIS APPEAL OF REVENUE IN LIMINE, AS UNADMITTED, WITHOUT GOING INTO THE MERITS OF THE CA SE. 4. SINCE THE APPEAL IS DISMISSED, THE CROSS OBJECTIO N BECOME INFRUCTUOUS AND IS ALSO DISMISSED. 3 5. IN THE RESULT, THE APPEAL OF THE REVENUE AND ALS O THE CROSS OBJECTION OF THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 27 TH JULY 2018 SD/- SD/- (G.D. AGRAWAL) (K. NARASIMH A CHARY) PRESIDENT JUDICIAL MEMBER DATED: 27 TH JULY, 2018 *KAVITA COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI DRAFT DICTATED ON 27.07.2018 DRAFT PLACED BEFORE AUTHOR 27.07.2018 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. APPROVED DRAFT COMES TO THE SR.PS/PS 01.08.2018 KEPT FOR PRONOUNCEMENT ON 27.07.2018 DATE OF UPLOADING ORDER ON THE WEBSITE 01.08.2018 FILE SENT TO THE BENCH CLERK 01.08.2018 DATE ON WHICH FILE GOES TO THE AR DATE ON WHICH FILE GOES TO THE HEAD CLERK. DATE OF DISPATCH OF ORDER.