DCIT, Dehradun V. M/s. Kohli Realtors (P) Ltd., New Delhi

ITA 2396/DEL/2015

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 3477 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 6 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-10-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2008-2009
• Appeal Filed On: 23-04-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH D , NEW DELHI BEFORE SH. BHAVNESH SAINI, J M AND SH. O. P. KANT, A M ITA NO. 2396/DEL/2015 : ASSTT. YEAR : 2008 - 09 DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRC LE, DEHRADUN - 248001 VS M/S KOHLI REALTORS (P) LTD., C - 389, GROUND FLOOR, DEFENCE COLONY, NEW DELHI (APPELLANT) (RESPONDENT) PAN NO. A A CCK8156E REVENUE BY : SH. AMIT KUMAR JAIN, SR. DR ASSESSEE BY : NONE DATE OF HEARING : 30.10 .20 1 7 DATE OF PRONOUNCEMENT : 30.10 .201 7 ORDER PER BHAVNESH SAINI, J M: THIS APPEAL BY REVENUE HAS BEEN DIRECTED AGAINST THE ORDER OF LD. CIT(A), DEHRADUN DATED 28.01.2015 FOR ASSESSMENT YEAR 2008 - 09. 2 . THE LD. DR SUBMITTED THAT THE T AX EFFECT IN THE DEPARTMENTAL APPEAL IS BELOW RS.10 LACS. 3 . ACCORDING TO CIRCULAR NO. 21/2015 DATED 10.12.2015, THE CBDT HAS DIRECTED THAT THE DEPARTMENTAL APPEAL SHALL NOT BE FILED BEFORE THE APPELLATE TRIBUNAL, IN CASE WHERE THE TAX EFFECT DOES NOT EXC EED THE MONETARY LIMIT OF RS.10 LACS. THIS INSTRUCTION WILL APPLY RETROSPECTIVELY I TA NO . 2396 / DEL /201 5 KOHLI REALTORS (P) LTD. 2 TO THE PENDING APPEAL S AND THE APPEALS TO BE FILED HENCEFORTH IN THE TRIBUNAL. IT IS ALSO DIRECTED THAT PENDING APPEALS BELOW THE SPECIFIED TAX LIMIT MAY BE WITHDRAWN/NOT PRE SSED. IN VIEW OF THE ABOVE CIRCULAR, LD. DR DID NOT PRESS THE DEPARTMENTAL APPEAL. 4. IN VIEW OF THE ABOVE, THE DEPARTMENTAL APPEAL IS DISMISSED AS FILED AGAINST CBDT INSTRUCTION HAVING TAX EFFECT BELOW RS.10 LACS. 5 . IN THE RESULT, THE APPEAL OF THE DE PARTMENT IS DISMISSED . (ORDER PRONOUNCED IN THE COURT ON 30/10 /2017 ) SD/ - SD/ - ( O. P. KANT ) ( BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER DAT ED: 30/10 /2017 *SU BODH* COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(APPEALS) 5 . DR: ITAT ASSISTANT REGISTRAR