DCIT, Central circle-II, Faridabad V. Rakesh Aggarwal, New Delhi

ITA 2178/DEL/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 7879 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-03-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2014-2015
• Appeal Filed On: 28-03-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: ASHISH GOEL
• Keywords: Tax effect
• Section: 201

Judgement Text

IN TH E INCOME TAX APPELLATE TRIBUNAL DE LHI BENCH : F : NEW DELHI BEFORE SHRI R. K. PANDA, ACCOUNTANT MEMBER AND MS SUCHITRA KAMBLE, JUDICIAL MEMBER ITA NO. 2 178 / DEL /201 8 ASSESSMENT YEAR : 20 1 4 - 15 DCIT, CENTRAL CIRCLE - II, FARIDABAD. VS RAKESH AGGARWAL, HO USE NO.10 - D, UNDER HILL ROAD, CIVIL LINES, NEW DELHI. PAN: AA DPA0559R (APP ELL A NT ) (RESPONDENT) A SSESSEE BY : SHRI ASHISH GOEL, ADVOCATE RE VENUE BY : SHRI MAHESH THAKUR, SR. DR DATE OF HEARING : 30 .0 3 . 20 2 1 DA TE OF PRONOUNCEMENT : 30 .03. 20 2 1 ORDER PER R. K. PANDA, AM : THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 0 5 .01.201 8 OF THE CIT(A) - 3, GURGAON, RELATING TO THE ASSESSMENT YEAR 201 4 - 15 . 2. THE LD. COUNSEL FOR THE ASSESSEE, AT THE OUTSET, SUBMITTED THAT THE TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE IS BELOW RS.50 LAKHS. THEREFORE, IN VIEW OF THE RECENT CBDT CIRCULAR NO.17/2019 DATED 8 TH AUGUST, 2019, RAISING THE MONETARY LIMIT FOR FILING OF THE APPEAL BY THE R EVENUE BEFORE THE TRIBUNAL TO RS.50 LAKHS AND THE SUBSEQUENT CLARIFICATION OF THE CBDT, VIDE NOTIFICATION DATED 20 TH ITA NO. 2 178 / DEL /201 8 2 AUGUST, 2019 STATING THAT THE SAID CIRCULAR IS APPLICABLE EVEN TO PENDING APPEALS, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE. 3. THE LD. DR, ON THE OTHER HAND, FAIRLY CONCEDED THAT THE TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE BEING BELOW RS.50 LAKHS, THE APPEAL FILED BY THE REVENUE SQUARELY FALLS WITHIN THE AMBIT OF THE RECENT CBDT CIRCULAR NO.17/2019 DATED 8 TH AUGU ST, 2019 AND THE SUBSEQUENT CLARIFICATION DATED 20 TH AUGUST, 2019. 4. AFTER HEARING BOTH THE SIDES, WE FIND THE TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE IS ADMITTEDLY BELOW RS.50 LAKHS. THEREFORE, IN VIEW OF THE CBDT CIRCULAR NO.17/2019 D ATED 8 TH AUGUST, 2019 RAISING THE MONETARY LIMITS FOR FILING OF THE APPEALS BY THE REVENUE BEFORE THE TRIBUNAL TO RS.50 LAKHS AND THE SUBSEQUENT CLARIFICATION DATED 20 TH AUGUST, 2019 TO THE EFFECT THAT THE SAID CIRCULAR IS APPLICABLE EVEN TO PENDING APPEAL S, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE. ACCORDINGLY, THE SAME IS DISMISSED. 5. HOWEVER, IF THE REVENUE AT ANY POINT OF TIME FINDS THAT THE TAX EFFECT INVOLVED IN THE GROUNDS OF THE REVENUE IS MORE THAN RS.50 LAKHS OR THAT THE SAME IS FALL ING UNDER THE EXCEPTIONS PROVIDED IN THE SAID CIRCULAR, THE REVENUE MAY MOVE NECESSARY APPLICATION FOR RECALL OF THIS ORDER. ITA NO. 2 178 / DEL /201 8 3 6 . IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED. THE ORDER W AS PRO NOUNCED IN THE OPEN COURT ON CONCLUSION OF THE HEARING ITSELF, I.E., ON 30 TH MARCH, 2021. SD/ - SD / - ( SUCHITRA KAMBLE ) ( R. K. PANDA ) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 30 TH MARCH, 2021. DK COPY FORWARDED TO : 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ASSTT. REGISTRAR, ITAT, DEHRADUN