ACIT, Meerut V. M/s ATS Construction and Maintenance (P) Ltd., Noida

ITA 2315/DEL/2011

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 7920 (ITAT-DELHI)
• Duration Of Justice: 46 year(s) 4 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-05-2016
• Appeal Filed By: Department
• Assessment Year: misc
• Appeal Filed On: 01-01-1970
• Court: TRIBUNAL
• Department Lawyers: RAVI JAIN
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: A NEW DELHI BEFORE SMT DIVA SINGH, JUDICIAL MEMBER AND SH.PRASHANT MAHARISHI, ACCOUNTANT MEMBER I.T.A .NO.-2314 & 2315/DEL/2011 (ASSESSMENT YEAR-2005- 06 & 2007-08) ACIT, CENTRAL CIRCLE, MEERUT. (APPELLANT) VS ATS CONSTRUCTION & MAINTENANCE P.LTD., K-19, SECTOR-18, NOIDA. PAN-AACCS0562Q (RESPONDENT) APPELLANT BY SH.RAVI JAIN, CIT DR RESPONDENT BY SH. DEEPAK KAPOOR, ADV. ORDER PER DIVA SINGH, JM BOTH THESE APPEALS HAVE BEEN FILED BY THE REVENUE A SSAILING THE CORRECTNESS OF THE SEPARATE ORDER DATED 25.02.2011 OF CIT(A), MEERUT PERTAINING TO 2005-06 & 2007-08 ASSESSMENT YEARS ON THE VARIOUS GROUND. 2. THE LD.AR, MR. DEEPAK KAPOOR APPEARING ON BEHAL F OF THE ASSESSEE, INVITING ATTENTION TO THE DEPARTMENTAL GROUND RAISED SUBMITT ED THAT THE TAX EFFECT IN ITA NO.2314/DEL/2011 IS RS.9,39,122/- AND IN ITA NO.231 5/DEL/2015 IS RS.7,50,000/-. ACCORDINGLY RELYING UPON THE CIRCUL AR NO.21/2015 DATED 10TH DECEMBER, 2015 OF CBDT THE LD. AR SUBMITTED THAT TH E DEPARTMENTAL APPEALS ARE NOT MAINTAINABLE. THE LD. CIT. DR, MR. RAVI JAIN F AIRLY CONCEDED THAT THE DEPARTMENTAL APPEALS HAVE BEEN FILED WHEREIN THE TA X EFFECT INVOLVED IS MUCH LESS THAN RS.10 LAKH. 3. WE HAVE HEARD THE SUBMISSIONS OF THE PARTIES ON THIS ISSUE AND PERUSED THE MATERIAL ON RECORD. WE FIND THAT THE CBDT VIDE THE AFORESAID CIRCULAR DATED 10.12.2015 HAS REVISED THE MONETARY LIMIT TO RS.10 LAKH FOR FILING THE APPEAL BY THE DATE OF HEARING 29.03.2016 DATE OF PRONOUNCEMENT 12.05.2016 I.T.A .NO.-2314 & 2315/DEL/2011 PAGE 2 OF 2 DEPARTMENT BEFORE INCOME TAX APPELLATE TRIBUNAL. VI DE PARA 10 OF THE AFORESAID CIRCULAR PARA 3 HAS BEEN MADE APPLICABLE RETROSPECT IVELY. CONSIDERING THE SETTLED LEGAL PRECEDENT THAT THE BOARDS INSTRUCTIONS OR DI RECTIONS ISSUED TO THE INCOME TAX AUTHORITIES U/S 268A OF THE INCOME TAX ACT, 1961 AR E BINDING ON THE AUTHORITIES, WE DISMISS THE DEPARTMENTAL APPEAL CONSIDERING THE MATERIAL AVAILABLE ON RECORD. 4. IN THE RESULT, THE APPEALS OF THE REVENUE ARE DI SMISSED. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 12 M AY, 2016. SD/- SD/- (PRASHANT MAHARISHI) (DIVA SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 12/05/2016 *AMIT KUMAR* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSI STANT REGISTRAR ITAT NEW DELHI