JCIT (OSD), Noida V. M/s. Triveni Engineering & Industries Ltd., Noida

ITA 2353/DEL/2016

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 8530 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 2 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-07-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2003-2004
• Appeal Filed On: 29-04-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: MRITUNJAY BARNAWAL
• Keywords: Tax effect

Judgement Text

1 ITA NOS. 2351 TO 2355/DEL/2016 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: A NEW DELHI BEFORE SHRI R. K. PANDA, ACCOUNTANT MEMBE R AND MS SUCHITRA KAMBLE, JUDIC IAL MEMBER ITA NO. 2351 TO 2355/DEL/2016 ( A.Y 2001-02 TO 2005 -06) (THROUGH VIDEO CONFERENCING) JCIT (OSD) CENTRAL CIRCLE, IIND FLOOR, ARTO COMPLEX SESCTOR-33 NOIDA (APPELLANT) VS TRIVENI ENGINEERING & INDUSTRIES LTD. 8 TH FLOOR EXPRESS TRADE TOWER, 15-16, SECTOR-16A NOIDA AABCT6370L (RESPONDENT) APPELLANT BY SH. ROHIT JAIN, ADV, MS. TEJASVI JAIN, CA, MS. SOMYA JAIN, CA RESPONDENT BY SH. MRITUNJAY BARNAWAL, SR. DR ORDER PER SUCHITRA KAMBLE, JM THESE APPEALS ARE FILED BY THE REVENUE AND THE RESP ECTIVE ASSESSEE AGAINST ORDERS DATED 27/01/2016 FOR A.YS. 2001-02 TO 2005-06 PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS)- 1, NOIDA. 2. AT THE OUTSET, IT WAS BROUGHT TO OUR NOTICE THA T THE TAX EFFECT INVOLVED IN THESE APPEALS BEING LESS THAN RS. 50 LACS, SQUARELY FALLS WITHIN THE AMBIT OF CIRCULAR NO. 17/2019 DATED 08.08.2019 ISSUED BY THE CENTRAL BOARD OF DIRECT TAXES PRESCRIBING THE TAX EFFECT FOR PREFERRING APP EALS BEFORE TRIBUNAL BY THE REVENUE AND SUBSEQUENT CLARIFICATION ISSUED BY CBDT ON 20 TH AUGUST, 2019. THE LD. AR SUBMITTED WORKING OF THE LOW TAX EFFECT IS AS UNDER:- DATE OF HEARING 02.07.2020 DATE OF PRONOUNCEMENT 14.07.2020 2 ITA NOS. 2351 TO 2355/DEL/2016 LOW TAX EFFECT WORKING 3 ITA NOS. 2351 TO 2355/DEL/2016 3. AFTER PERUSING THE MATERIALS AVAILABLE ON RECORD , WE FIND THAT THE AMOUNT DISPUTED BEFORE US IS BELOW THE TAX EFFECT LIMIT PR ESCRIBED BY CBDT VIDE CIRCULAR NO. 17/2019 DATED 08.08.2019 FOR PREFERRIN G APPEALS BEFORE TRIBUNAL BY THE REVENUE. ON PERUSAL OF THE CIRCULAR NO. 17/2 019 DATED 08.08.2019 AND THE MATERIALS AVAILABLE ON RECORD, LD. DR COULD NOT POINT OUT AS TO HOW AND WHY SUCH A CIRCULAR IS NOT APPLICABLE TO THE FACTS OF THE CASE. WE FIND THAT THE SUBSEQUENT CLARIFICATION DATED 20.08.2019 MAKES IT VERY CLEAR THAT THE REVISED MONETARY LIMITS SHALL APPLY RETROSPECTIVELY TO PEND ING APPEALS ALSO. THE CIRCULAR IS BINDING ON THE TAX AUTHORITIES. HENCE, WE HOLD THAT THE APPEALS OF THE REVENUE DESERVE TO BE DISMISSED ON ACCOUNT OF L OW TAX EFFECT VIDE CIRCULAR NO. 17/2019 DATED 08.08.2019 AND SUBSEQUENT CLARIFI CATION ON 20.08.2019. ACCORDINGLY, ON ACCOUNT OF LOW TAX EFFECT CASE, WE DISMISS THESE APPEALS OF REVENUE IN LIMINE, WITHOUT GOING INTO THE MERITS OF THE CASE. 5. IN RESULT, ALL THE REVENUES APPEALS ARE DISMISS ED. ORDER PRONOUNCED IN THE OPEN COURT ON 14TH JULY, 2020. SD/- SD/- (R. K. PANDA) (SUCHITRA KAMBLE) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 14/07/2020 R. NAHEED COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI 4 ITA NOS. 2351 TO 2355/DEL/2016 DATE OF DICTATION 02 .07.2020 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 02 .07.2020 DATE ON WHICH THE TYPED DRAFT IS PLACE D BEFORE THE OTHER 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 TO THE SR. PS/PS 14 .07.2020 DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT 14 .07.2020 DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 14 .07.2020 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER