DCIT, New Delhi V. M/s Nalwa Sons Investment Ltd., New Delhi

ITA 2248/DEL/2013

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 4745 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 4 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-09-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2007-2008
• Appeal Filed On: 17-04-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S P GUPTA
• Keywords: Tax effect

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: E NEW DELHI BEFORE SHRI N.K. SAINI, ACCOUNTANT MEMBER & SHRI K.N. CHARY, JUDICIAL MEMBER ITA NO.-2248/DEL/2013 ( ASSESSMENT YEAR: 2007-08) DCIT CIRCLE 13(1) NEW DELHI VS NALWA SONS INVESTMENT LTD. 28, NAJAFGARH ROAD, MOTI NAGAR, INDL. AREA, NEW DELHI. AAACJ1734R ASSESSEE BY SH. ASHWANI KUMAR, ADV. REVENUE BY SH. S.P. GUPTA, SR. DR ORDER PER K. NARSIMHA CHARY, J.M. REVENUE PREFERRED THIS APPEAL CHALLENGING THE ORDER DATED 03.01.2013 IN APPEAL NO. 613/2009-10 PASSED BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS)-I, NEW DELHI ( HEREINAFTER FOR SHORT CALLED AS THE LD. CIT (A)). 2. AT THE OUTSET, LEARNED AR BROUGHT TO OUR NOTICE THAT THE QUANTUM INVOLVED IN THIS CASE IS RS. 5,89,995/- AND TAX EFFECT ON THE DISPUTED ADDITION BEFORE US IS LESS THAN RS. 10 LACS SQUARELY FALLING WITH THE AMBIT OF CIRCULAR NO. 21 / 2015 DA TED DATE OF HEARING 13.09.2017 DATE OF PRONOUNCEMENT 13.09.2017 2 10.12.2015 PRESCRIBING THE TAX EFFECT FOR PREFERRIN G APPEALS BEFORE TRIBUNAL BY THE REVENUE. . 3. AFTER PERUSING THE MATERIALS AVAILABLE ON RECOR D, WE FIND THAT THE ADDITIONS DISPUTED BEFORE US IS BELOW THE TAX EFFECT LIMIT PRESCRIBED BY CBDT VIDE CIRCULAR NO. 21 / 2015 DAT ED 10.12.2015 FOR PREFERRING APPEALS BEFORE TRIBUNAL B Y THE REVENUE. ON PERUSAL OF THE CIRCULAR NO. 21 / 2015 DATED 10.1 2.2015 AND THE MATERIALS AVAILABLE ON RECORD, LD. DR COULD NOT POINT OUT WHETHER THIS CASE FALLS UNDER ANY OF THE EXCEPTION AS PROVIDED IN THE CIRCULAR DESPITE SPECIFIC OPPORTUNITY WAS GIVEN , DOES NOT FALL UNDER ANY OF THE EXCEPTIONS CONTEMPLATED IN THE SAI D CIRCULAR, AS THIS IS COVERED. WE ALSO FIND THAT THE CIRCULAR MA KES IT VERY CLEAR THAT THE REVISED MONETARY LIMITS SHALL APPLY RETROS PECTIVELY TO PENDING APPEALS ALSO. WE FIND THAT THE CIRCULAR IS BINDING ON THE TAX AUTHORITIES. THIS POSITION HAS BEEN CONFIRMED B Y THE HONBLE APEX COURT IN THE CASE OF COMMISSIONER OF CUSTOMS V S INDIAN OIL CORPORATION LTD REPORTED IN 267 ITR 272 (SC). HENCE, WE HOLD THAT THE APPEAL OF THE REVENUE DESERVES TO BE DISMISSED IN TERMS OF LOW TAX EFFECT VIDE CIRCULAR NO.21 / 2015 DATED 10. 12.2015. ACCORDINGLY, THIS BEING A LOW TAX EFFECT CASE, WE D ISMISS THIS APPEAL OF REVENUE IN LIMINE, AS UN-ADMITTED, WITHOU T GOING INTO THE MERITS OF THE CASE. 3 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 13.09.2017 SD/- SD/- (N.K. SAINI) (K. NARSIMHA CH ARY) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 13.09.2017 *KAVITA ARORA COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT TRUE COPY ASSISTANT REGISTRAR ITAT NEW DELHI 4