ITO, New Delhi V. Sh. Ajay Gupta, New Delhi

ITA 2115/DEL/2014

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 7116 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 9 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-02-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC 1
• Next Hearing Date: 21-12-2015
• Assessment Year: 2005-2006
• Appeal Filed On: 09-04-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P DAM KANUNJNA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH A , NEW DELHI BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER AND SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER ITA NO. 2115 /DEL/201 4 AY: 200 5 - 06 & ITA NO. 211 6 /DEL/201 4 AY: 200 6 - 07 ITO, WARD 34 ( 2 ) VS. SH. AJAY GUPTA NEW DELHI A - 2/14A, MODEL TOWN I NEW DELHI PAN: AAJPG 0481 E (APPELLANT) (RESPONDENT) APPELLANT BY : SH. P.DAMKANUNJNA, SR. D.R. RESPONDENT BY : NONE ORDER PER J.SUDHAKAR REDDY, ACCOUNTANT MEMBER TH ESE ARE APPEAL S FILED BY THE REVENUE DIRECTED AGAINST THE ORDER DT. 29.1.2014 OF LD.CIT(A) - IV , NEW DELHI FOR ASSESSMENT YEAR S 200 5 - 06 AND 2006 - 07 PERTAINING TO THE SAME ASSESSEE. 1.1. THE TAX EFFECT IN TH ESE APPEAL S BY THE REVENUE DOES NOT EXCEED THE MONETARY LIMIT OF RS.10 LAKHS SPECIFIED IN RECENT CBDT CIRCULAR NO.21/2015 DATED 10 TH DECEMBER,2015, F. NO. 279/MISC./142/2007 - ITJ(PT.) READ WITH S. 268 A OF THE INCOME TAX ACT 1961. FURTHER IN THIS CBDT CIRCULAR, AT PARA 10 IT IS SPECIFIED THAT THE INSTRUCTION WILL APPLY RETROSPECTIVELY, TO ALL PENDING APPEALS. ITA NO. 2115 & 2116 /DEL/1 4 A.Y. 200 5 - 06 & 2006 - 07 SH . AJAY GUP TA, N.DEL 2 2. THE LD. SR. D.R. COULD NOT CONTROVERT THE FACT THAT THE TAX EFFECT ON THE QUANTUM OF INCO ME IN DISPUTE IS BELOW THE MONETARY LIMIT OF RS.10,00,000/ - (TEN LAKHS ONLY) FOR BOTH THE A.YS 2005 - 06 AND 2006 - 07. 2.1. HENCE WE DISMISS TH ESE APPEAL S FILED BY THE REVENUE FOR THE A.YS 2005 - 06 AND 2006 - 07, ON THE GROUND THAT THE TAX EFFECT IN THE PRESENT APPEAL S DOES NOT EXCEED THE MONETARY LIMIT SPECIFIED BY THE CBDT CIRCULAR N O.21/2015 DATED 10 TH DECEMBER,2015, F. NO. 279/MISC./142/2007 - ITJ(PT.) READ WITH S.268 A OF THE INCOME TAX ACT 1961, AND HENCE NOT MAINTAINABLE. 2.2 . IN CASE THERE IS A MISTAKE IN THE CALCULATION OR IF THE CASE IS COVERED BY ANY OF THE EXCEPTION SPECIFIED IN THE CIRCULAR THE REVENUE MAY FILE A MISC. APPLICATION U/S 254(2) OF THE INCOME TAX ACT 1961 POINTING OUT THE MISTAKE AND IF THE BENCH IS CONVINCED OF THE MISTAKE, THIS ORDER WILL BE RECALLED AND THE APPEAL S RESTORED FOR FRESH DISPOSAL ON MERITS. 3 . IN THE RESULT BOTH THE REVENUE S APPEAL S FOR THE A.YS 2005 - 06 AND 2006 - 07, ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 08 TH FEBRUARY, 2016 . SD/ - SD/ - ( SUDHANSHU SRIVASTAVA ) (J. SUDHAKAR REDDY) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: THE 08 TH FEBRUARY, 2016 MANGA ITA NO. 2115 & 2116 /DEL/1 4 A.Y. 200 5 - 06 & 2006 - 07 SH . AJAY GUP TA, N.DEL 3 COPY FORWARDED TO: - 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(A) 5 . DR, ITAT TRUE COPY BY ORDER, ASSISTANT REGISTRAR