ITO, Faridabad V. Sh. Pawan Kumar Malhotra Prop., Faridabad

ITA 2198/DEL/2016

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 8415 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 8 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-01-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2008-2009
• Appeal Filed On: 22-04-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH E , NEW DELHI BEFORE S MT . DIVA SINGH , JUDICIAL MEMBER AND SH. R.K PANDA , ACCOUNTANT MEMBER ITA NO. 2 198 /DEL/201 6 ASSESSMENT YEAR: 20 08 - 09 ITO WARD 11(1), NEW CGO COMPLEX, NG - 4, FARIDABAD VS SH. PAWAN KUMAR MALHOTRA PROP. M/S. NEUMANN ENGG. WORKS, 16/4, MATHURA ROAD, FARIDABAD PAN ABDP M2836 N (APPELLANT) (RESPONDENT) APPELLANT BY SH. RINKU SINGH, SR DR RESPONDENT BY NONE DATE OF HEARING: 03 /0 1 /201 9 DATE OF PRONOUNCEMENT: 03 /0 1 /201 9 ORDER PER R.K. PANDA, AM: 1. THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 17.02. 2016 OF THE CIT(A), FARIDABAD RELATING TO A. Y. 20 08 - 09 . 2. NONE APPEARED ON BEHALF OF THE ASSESSEE. HOWEVER, LD. DR POINTED OUT THAT THE TAX EFFECT INVOLVED IN THE APPEAL FILED BY THE REVENUE IS BELOW RS.20,00,000/ - . THE CBDT VIDE CIRCULAR NO.03/2018 [F.NO.279/MISC.142/2007 - ITJ (PT.)] DATED 11.07.2018 HAS REVISED THE MONETARY LIMIT TO RS.20,00,000/ - FOR FILING OF THE APPEALS BY THE DEPARTMENT BEFORE ITAT. AS PER PARA 3 OF THE SAID CIRCULAR IT IS ALSO CLARIFIED THAT THE PENDING APPEALS OF THE DEPARTMENT BEFORE ITAT HAVING MONETARY LIMIT OF RS. 20,00,000/ - WILL BE TR EATED AS WITHDRAWN. SINCE IN THE INSTANT CASE THE TAX EFFECT IS ADMITTEDLY BELOW RS. 20,00,000/ - , THEREFORE, IN VIEW OF THE LATEST CBDT CIRCULAR CITED (SUPRA) THE APPEAL FILED BY THE REVENUE IS DISMISSED. 2 4. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING I.E. ON 03 .09.2018 . S D / - S D / - ( DIVA SINGH ) ( R.K PANDA ) JUDICIAL MEMBER ACCOUNTANT MEMBER *NEHA* DATE : - 0 3 . 0 1 .201 9 COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(APPEALS) 5 . DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI 3 DATE OF DICTATION 03.01.2019 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.PS/PS DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT DATE ON WHICH THE FAIR ORDER COMES BACK T O THE SR. PS/ PS DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT 0 3 . 0 9 . 2 0 1 9 DATE ON WHICH THE FILE GOES TO THE BENCH CLERK DATE ON WHICH FILE GOES TO THE HEAD CLERK. THE DATE ON WHICH FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER