DCIT, Circle- 11(1), New Delhi V. Haamid Real Estate Pvt. Ltd., New Delhi

ITA 2300/DEL/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 0915 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 3 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-07-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2014-2015
• Appeal Filed On: 03-04-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANIMA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIB UNAL DELHI BENCH C: NEW DELHI (THROUGH VIDEO CONFERENCING) BEFORE, SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER ITA NO.2300/DEL/2018 (ASSESSMENT YEAR-2014-15) DY. CIT, CIRCLE-11(1), NEW DELHI VS. M/S HAAMID REAL ESTATES PVT. LTD. 232-B, OKHLA INDUSTRIAL ESTATE, PHASE-III, NEW DELHI-110 020 PAN AABCH 8898P (APPELLANT) (RESPONDENT) APPELLANT BY MS. ANIMA, SR. DR RESPONDENT BY SH. SHAILESH GUPTA, ADV. DATE OF HEARING 12.07.2021 DATE OF PRONOUNCEMENT 12.07.2021 ORDER PER SUDHANSHU SRIVASTAVA, JM: THIS APPEAL IS PREFERRED BY THE REVENUE AGAINST ORDER DATED 10.01.2018 PASSED BY THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-4, NEW DELHI {CIT(A)} FOR ASSESSMENT YEAR 2014-15. 2 ITA NO.2 300/DEL/2018 M/S. HAMMID REAL E STATE PVT. LTD. VS. ACIT 2.0 HOWEVER, LD. DEPARTMENTAL REPRESENTAT IVE (DR) POINTED OUT THAT THE PRESENT APPEAL IS TO BE WITHDRAWN AS THE TAX EFFECT INVOLVED IN THE CASE IS BELOW RS.50 LACS. 3.0 THE CBDT VIDE CIRCULAR NO.17/2019 DATED 08.08.2019 HAS REVISED THE MONETARY LIMIT FOR FILING THE APPEA LS BEFORE THE TRIBUNAL TO RS.50 LACS. FURTHER, CBDT VIDE LETTER D ATED 20.08.2019 HAS ALSO CLARIFIED THAT CIRCULAR NO.17/2019 WOULD BE APPLICABLE TO ALL PENDING APPEALS. IN SUCH CIRCUMSTANCES, THE PR ESENT APPEAL FILED BY THE REVENUE IN CASE OF LOW TAX EFFECT IS NO T MAINTAINABLE. 4.0 BEFORE PARTING, WE CLARIFY HERE THAT THE REVENUE SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR RE-INSTITUT ION OF APPEAL, IF THE REQUISITE MATERIAL IS BROUGHT TO SHOW THAT THE APPEA L IS PROTECTED BY THE EXCEPTIONS PRESCRIBED IN PARA-10 OF THE CIRCULA R DATED 11.07.2018. 5.0 IN CONCLUSION, BY APPLYING THE CBDT CIRC ULAR DATED 08.08.2019 AND LETTER DATED 20.08.2019 (SUPRA), THE CAPTIONED APPEAL OF THE REVENUE IS DISMISSED AS WITHDRAWN/NOT P RESSED. 3 ITA NO.2 300/DEL/2018 M/S. HAMMID REAL E STATE PVT. LTD. VS. ACIT 6.0 IN THE FINAL RESULT, THE APPEAL OF T HE REVENUE STANDS DISMISSED. ABOVE DECISION WAS ANNOUNCED ON CONCLUSION OF VIRTUAL HEARING ON 12 TH JULY, 2021. [ SD/- SD/- (PRASHANT MAHARISHI) (SUDHANSHU SRIVASTAVA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 12/07/2021 PK/PS COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI