DCIT, Faridabad V. Sh. Purshottam Lal Gupta, Faridabad

ITA 2138/DEL/2015

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 7400 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-05-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2011-2012
• Appeal Filed On: 10-04-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

INCOME TAX APPELLATE TRIBUNAL DELHI BENCH F: NEW DELHI BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER AND SHRI L.P. SAHU, ACCOUNTANT MEMBER ITA NO. 2138/DEL/2015 ASSTT. YEAR: 2011-12 O R D E R PER AMIT SHUKLA, J.M THIS IS AN APPEAL FILED BY THE REVENUE DIRECTED AGAINST THE ORDER OF PRINCIPAL COMMISSIONER OF INCOME TAX (OSD), GURGAON DATED 12.02.2015 PERTAINING TO THE ASSESSMENT YEAR 2011-12. 2. DURING THE COURSE OF HEARING, IT WAS ADMITTED BY BOTH THE PARTIES THAT THE TAX ON DISPUTED ISSUE AS RAISED IN THE DEPARTMENTAL APPEAL IS LESS THAN RS. 20,00,000/-. HENCE THE PRESENT APPEAL OF THE REVENUE IS NOT MAINTAINABLE IN VIEW OF RECENT CIRCULAR OF CBDT NO. 3/2018 DATED DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-II, FARIDABAD VS. SH. PURSHOTTAM LAL GUPTA, S/O SHRI RAMJI LAL,#B-271, NEHRU GROUND, NIT, FARIDABAD - 121001 (APPELLANT) (RESPONDENT) DEPARTMENT BY: SMT. SULEKHA VERMA,CIT( DR ) ASSESSEE BY : SHRI K.C. SINGHAL ADV., SHRI AMIT GUPTA, ADV. DATE OF HEARING 01/05 /201 9 DATE OF PRONOUNCEMENT 01 / 0 5 /201 9 2 11TH JULY, 2018, WHEREBY THE MONETARY LIMIT OF TAX EFFECT FOR NOT FILING APPEALS BEFORE THE TRIBUNAL HAS BEEN REVISED TO RS. 20,00,000/-. 3. HAVING CONSIDERED THE RIVAL SUBMISSIONS AND THE MATERIAL AVAILABLE ON RECORD, WE FIND THAT TAX EFFECT IS BELOW THE MONETARY LIMIT AS PRESCRIBED IN CBDT CIRCULAR. THESE INSTRUCTIONS OF CBDT HAVE NOW STATUTORY FORCE WITHIN THE PROVISIONS OF SECTION 268A AND ARE MADE APPLICABLE TO THE PENDING APPEALS ALSO BY VIRTUE OF PARA 13 OF THE CIRCULAR. 4. THIS CIRCULAR CONTAINS CLEAR INSTRUCTIONS TO THE DEPARTMENT TO WITHDRAW OR NOT TO PRESS SUCH APPEALS FILED BEFORE THE ITAT WHEREIN TAX EFFECT INVOLVED DOES NOT EXCEED RS. 20,00,000/-. IT IS NOT THE CASE OF THE REVENUE THAT THE PRESENT APPEAL COMES WITHIN THE SWEEP OF EXCLUSION CLAUSES AS GIVEN IN PARA NO. 10 & 11 OF THE SAID CIRCULAR. THUS, GOING BY THE PRESCRIPTION OF THE AFORE-NOTED CBDT INSTRUCTIONS, AND WITHOUT GOING INTO MERITS OF THE CASE, WE DISMISS THE INSTANT APPEAL FILED BY THE REVENUE, BEING NOT MAINTAINABLE, AS THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS. 20.00 LACS. 5. IN THE RESULT, THE APPEAL OF THE REVENUE STANDS DISMISSED AS INDICATED ABOVE. THIS DECISION WAS PRONOUNCED IN THE OPEN COURT ON 1 ST MAY, 2019. SD/- SD/- (L.P. SAHU) (AMIT SHUKLA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 01/05/2019 VEENA 3 COPY FORWARDED TO 1. APPLICANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI