ITO, New Delhi V. M/s Namedi Leasing & Finance Ltd., New Delhi

ITA 2174/DEL/2010

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 6427 (ITAT-DELHI)
• Duration Of Justice: 5 year(s) 10 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-03-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Next Hearing Date: 14-03-2016
• Assessment Year: 2004-2005
• Appeal Filed On: 07-05-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P DAM KANUNJA
• Assessee Lawyers: SAUBHAGYA AGARWAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH E, NEW DELHI BEFORE SHRI G.D. AGARWAL, HONBLE VICE PRESIDENT & SMT. BEENA A PILLAI, JUDICIAL MEMBER ITA NO. 2174/DEL/2010 ASSESSMENT YEAR: 2004-05 ITO, WARD 13(1), ROOM NO. 219, C.R. BLDG., I.P. ESTATE, NEW DELHI. VS NAMEDI LEASING & FINANCE LTD. 3590-91, BAZAR SITA RAM, NEW DELHI. AAACN2949Q (APPELLANT) (RESPONDENT) APPELLANT BY : SH. P. DAM KANU NJA, SR. DR RESPONDENT BY : SH. SAUBHAGYA AGARWAL, CA DATE OF HEARING : 14.03.2016 DATE OF PRONOUNCEMENT : 14.03.2016 ORDER PER BEENA A PILLAI, JM THIS IS AN APPEAL BY THE DEPARTMENT AGAINST THE ORDER DATED 16.02.2010 OF CIT(A)-XVI, NEW DELHI. 2. THE LD. DR REQUESTED THAT THE APPEAL MAY BE ADJOURNED FOR ANOTHER DATE CONVENIENT. 3. THE LD. AR STATED THAT THE TAX EFFECT IN THE DEPARTMENTAL APPEAL IS LESS THAN RS. 10 LACS. 2 THEREFORE, THE REVENUE OUGHT NOT TO HAVE FILED THE APPEAL AS DIRECTED BY THE CBDTS LATEST CIRCULAR NO. 21/2015 DATED 10/12/2015. 4. WE HAVE CONSIDERED THE SUBMISSION OF THE LD.AR. 5. DURING THE COURSE OF HEARING, THE LD. D.R., ALTHOUGH SUPPORTED THE ORDER OF THE ASSESSING OFFICER, BUT COULD NOT CONTROVERT THIS FACT THAT TAX EFFECT IN THIS APPEAL IS LESS THAN RS.10,00,000/-. 6. IT IS NOTICED THAT THE CBDT HAS ISSUED CIRCULAR NO.21 OF 2015 DATED 10.12.2015, VIDE WHICH IT HAS REVISED THE MONETARY LIMIT TO RS.10,00,000/- FOR NOT FILING THE APPEAL BEFORE THE TRIBUNAL. FROM CLAUSE 10 OF THE ABOVE CIRCULAR IT IS CLEAR THAT THESE INSTRUCTIONS ARE APPLICABLE TO THE PENDING APPEALS ALSO AND THERE IS CLEAR CUT INSTRUCTION TO THE DEPARTMENT TO WITHDRAW OR NOT TO PRESS THE APPEALS FILED BEFORE THE ITAT WHEREIN TAX EFFECT IS LESS THAN RS.10,00,000/-. THESE INSTRUCTIONS ARE OPERATIVE RETROSPECTIVELY TO THE PENDING APPEALS. 3 7. KEEPING IN VIEW THE CBDT CIRCULAR NO.21 OF 2015 DATED 10.12.2015 AND ALSO THE PROVISIONS OF SECTION 268A OF INCOME TAX ACT, 1961, WE ARE OF THE VIEW THAT THE REVENUE SHOULD NOT HAVE FILED THE INSTANT APPEAL BEFORE THE TRIBUNAL. 8. IN VIEW OF THE ABOVE, WITHOUT GOING INTO MERITS OF THE CASE, WE DISMISS THE APPEAL FILED BY THE DEPARTMENT. 9. IN THE RESULT, APPEAL OF THE DEPARTMENT IS DISMISSED. ORDER PRONOUNCED IN THE COURT ON 14/03/2016 SD/- SD/- (G.D. AGARWAL) (BEENA A PILLAI) VICE PRESIDENT JUDICIAL MEMBER DATED: 14/03/2016 *KAVITA ARORA COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR