DCIT, New Delhi V. M/s Hitachi Metglas (India) Pvt. Ltd, New Delhi

ITA 2147/DEL/2015

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 5112 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 1 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-05-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2009-2010
• Appeal Filed On: 10-04-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Retrospective amendment; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: C, NEW DELHI BEFORE SH. H.S. SIDHU, JUDICIAL MEMBER AND SH. O.P. KANT, ACCOUNTANT MEMBER ITA NO.2147/DEL/2015 ASSESSMENT YEAR: 2009-10 DCIT, CIRCLE 11(2), NEW DELHI VS. M/S HITACHI MEGLAS (INDIA) PVT. LTD., 1C, VANDANA BUILDING, 11, TOLSTOY MARG, CONNAUGHT PLACE, NEW DELHI 110 001 (PAN: AABCH9302G) ( APPELLANT ) (RESPONDENT) ORDER PER H.S. SIDHU, J.M.: THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST TH E ORDER DATED 21.1.2015 PASSED BY THE LD. CIT(A)-4, NEW DEL HI IN RELATION TO ASSESSMENT YEAR 2009-10. 2. THE LEARNED DR SUPPORTED THE ORDER OF THE ASSESS ING OFFICER, BUT COULD NOT CONTROVERT THE FACT THAT THE TAX EFFE CT INVOLVED IN THIS APPEAL IS LESS THAN RS.20,00,000/-. 3. LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THE PRESENT APPEAL IS NOT MAINTAINABLE AS THE TAX EFFECT INVOLV ED IN THIS APPEAL IS LESS THAN RS. 20 LACS AND AS PER CBDT CIRCULAR N O. 3/2018 THIS APPEAL IS LIABLE TO BE DISMISSED. DEPARTMENT BY SHRI BANWARI LAL, CIT(DR) ASSESSEE BY SH. HIMANSHU SINHA, ADV. & SH. BHUWAN DHOOPAR, ADV. 2 4. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE R ELEVANT MATERIAL ON RECORD. IT IS NOTICED THAT RECENTLY THE CBDT HAS ISSUED CIRCULAR NO. 03 OF 2018, DATED 11TH JULY, 20 18 WITH RETROSPECTIVE EFFECT, REVISING THE MONETARY LIMIT T O RS.20,00,000/- FOR NOT FILING APPEALS BEFORE THE TRIBUNAL. 5. FROM THE AFORE-NOTED CIRCULAR, IT IS PALPABLE TH AT THE INSTRUCTION IS APPLICABLE TO THE PENDING APPEALS AL SO WITH RETROSPECTIVE EFFECT AND THERE IS A CLEAR-CUT DIREC TION TO THE DEPARTMENT TO WITHDRAW OR NOT PRESS SUCH APPEAL FIL ED BEFORE THE ITAT, WHEREIN TAX EFFECT IS LESS THAN RS.20,00,000/ -. GOING BY THE PRESCRIPTION OF THE AFORE-NOTED CIRCULAR, WE ARE OF THE VIEW THAT THE REVENUE SHOULD HAVE EITHER NOT FILED THE INSTAN T APPEAL BEFORE THE TRIBUNAL OR WITHDRAWN THE SAME AS THE TAX EFFEC T IN THIS APPEAL IS ADMITTEDLY LESS THAN THE PRESCRIBED LIMIT , I.E., RS. 20,00,000/- FOR NOT FILING THE APPEAL BEFORE THE TR IBUNAL. ACCORDINGLY, WE DISMISS THE INSTANT APPEAL FILED BY THE REVENUE WITHOUT GOING INTO MERITS OF THE CASE. HOWEVER, THE DEPARTMENT IS AT LIBERTY TO FILE MISCELLANEOUS APPLICATION, IF TH E TAX EFFECT IS FOUND TO BE MORE THAN THE PRESCRIBED LIMITED OF RS. 20,00,000/- OR OTHERWISE. ACCORDINGLY, THE APPEAL OF THE REVENU E STANDS DISMISSED. 6. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. THE DECISION IS PRONOUNCED ON 23.05.2019 SD/- SD/- (O.P. KANT) (H .S. SIDHU) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 23.05.2019 SRBHATNAGAR COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ASSTT. REGISTRAR, ITAT, NEW DELHI 3