ACIT, New Delhi V. M/s. Sahara Adventure Sports Ltd, Mumbai

ITA 2420/DEL/2016

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 4816 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 2 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 02-05-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIJAY KR JIWANI
• Assessee Lawyers: HARDEEP SINGH
• Keywords: Retrospective amendment; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH B : NEW DELHI BEFORE SHRI R.K.PANDA, ACCOUNTANT MEMBER AND SMT. BEENA A PILLAI, JUDICIAL MEMBER ITA NO.2 420 /DEL./201 6 ASSESSMENT YEAR : 201 2 - 13 ACIT CENTRAL CIRCLE 1 ROOM NO.334, 3 RD FLOOR E - 2, ARA CENTRE JHANDEWALAN EXTENSION NEW DELHI 110 055 VS . SAHARA ADVENTURE SPORTS LTD. R/O 2 ND BASEMENT HOTELS SAHARA STAR OPP. DOMESTIC AIRPORT VILE PARLE (EAST) MUMBAI 400 053 PAN: AAKCS7733B APPELLANT) (RESPONDENT) ASSESSEE BY SHRI DINESH VERMA, ADV. & SH. HARDEEP SINGH, C.A. REVENUE BY SH. VIJAY KR. JIWANI, SR.D.R. DATE OF HEARING 01.08.2018 DATE OF PRONOUNCEMENT 01.08.2018 ORDER PER BEENA A PILLAI, JUDICIAL MEMBER THE PRESENT APPEAL HAS BEEN FILED BY REVENUE AGAINST ORDER DATED 08.02.2016 PASSED BY LD. COMMISSIONER OF INCOME - TAX (APPEALS) - 23, NEW DELHI FOR ASSESSMENT YEAR 201 2 - 13 . 2. DURING THE COURSE OF HEARING, THE LD. AR SUBMITTED THAT PURSUANT TO THE MANDATE OF SECTION 268A THE CBDT HAS ISSUED CIRCULAR NO. 03 OF 2018, DATED 11TH JULY, 2018 WITH ITA NO. 2420/DEL/2016 A.Y. 2012 - 13 ACIT VS. SAHARA ADVENTURE SPORTS LTD. 2 RETROSPECTIVE EFFECT, REVISING THE MONETARY LIMIT TO RS.20,00,000/ - FOR NOT FILING APPEALS BEFORE THE TRIBUNAL. HE FURTHER SUBMITTED THAT AS THE TAX EFFECT INV OLVED IN THE INSTANT APPEAL IS LESS THAN RS.20,00,000/ - , TO THE EXT E NT APPEAL IS NOT MAINTAINABLE. THE LD. D.R., ALTHOUGH SUPPORTED THE ORDER OF THE ASSESSING OFFICER, BUT COULD NOT CONTROVERT THE FACT THAT TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.20,00,000/ - . 3. WE HAVE HEARD THE PARTIES AND PERUSED THE RELEVANT MATERIAL ON RECORD. GOING BY THE PRESCRIPTION OF THE AFORENOTED CIRCULAR, IT IS PALPABLE THAT THE INSTRUCTION IS APPLICABLE TO THE PENDING APPEALS ALSO WITH RETROSPECTIVE EFFECT AND THER E IS A CLEAR - CUT DIRECTION TO THE DEPARTMENT TO WITHDRAW OR NOT PRESS SUCH APPEALS FILED BEFORE THE ITAT, WHEREIN TAX EFFECT IS LESS THAN RS.20,00,000/ - . WE ARE, THEREFORE, OF THE VIEW THAT THE REVENUE SHOULD HAVE EITHER NOT FILED THE INSTANT APPEAL BEFORE THE TRIBUNAL OR WITHDRAWN THE SAME AS THE TAX EFFECT IN THIS APPEAL IS ADMITTEDLY LESS THAN THE PRESCRIBED LIMIT, I.E., RS. 20,00,000/ - FOR NOT FILING THE APPEAL. ACCORDINGLY, WE DISMISS THE INSTANT APPEAL WITHOUT GOING INTO MERITS OF THE CASE. 4 . IN THE RESULT REVENUE S APPEAL IS DISMISSED IN LIMINE. ORDER PRONOUNCED IN THE OPEN COURT ON 0 1 S T A UGUST, 2018. S D / - S D / - (R.K.PANDA) (BEENA A PILLAI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 0 1 S T A UGUST, 2018. MANGA ITA NO. 2420/DEL/2016 A.Y. 2012 - 13 ACIT VS. SAHARA ADVENTURE SPORTS LTD. 3 COPY OF THE ORDER FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR 6. GUARD FILE BY ORDER ASST. REGISTRAR ITAT, DELHI BENCHES, NEW DELHI S.NO. DETAILS DATE 1. DRAFT DICTATED ON 0 1 . 0 8 . 2 0 1 8 2. DRAFT PLACED BEFORE AUTHOR 0 1 . 0 8 . 1 8 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER 5. APPROVED DRAFT COMES TO THE SR. PS/PS 6. KEPT FOR PRONOUNCEMENT 0 1 . 0 8 . 1 8 7. ORDER UPLOADED ON 8. FILE SENT TO BENCH CLERK 9. DATE ON WHICH THE FILE GOES TO HEAD CLERK 10. DATE ON WHICH FILE GOES TO A.R. 11. DATE OF DISPATCH OF ORDER