ITO, Rampur V. Sh. Rajeev Singhal, Rampur

ITA 2434/DEL/2011

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 6572 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 9 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-03-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Next Hearing Date: 29-02-2016
• Assessment Year: 2007-2008
• Appeal Filed On: 12-05-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAMAN KANT GARG
• Assessee Lawyers: DEVENDER JINDAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH F , NEW DELHI BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER AND MS.SUCHITRA KAMBLE, JUDICIAL MEMBER ITA NO. 2434 / DEL/201 1 AY: 20 07 - 08 ITO, WARD II VS. SH. RAJEEV SINGHAL 06, KOTHI KHAS BAGH S/O SHRI KRISHAN KUMAR SINGHAL CIVIL LINES 71, CIVIL LINES RAMPUR RAMPUR PAN: AFSPS 1293 J A N D CROSS OBJECTION NO. 298/DEL/11 (IN ITA 2434/DEL/11) A.Y. 2007 - 08 SH. RAJEEV SINGHAL, RAMPUR VS. ITO, WARD II, RAMPUR (APPELLANT) (RESPONDENT) APPELLANT BY : SH. R AMAN KANT GARG , SR. D.R. RESPONDENT BY : SH. DEVENDER JINDAL, ADV. ORDER PER J. SUDHAKAR REDDY, ACCOUNTANT MEMBER THIS IS AN APPEAL FILED BY THE REVENUE . ADMITTEDLY THE TAX EFFECT IN THIS APPEAL BY THE REVENUE IS LESS THAN RS.10 LAKHS. THE ASSESSEE HAS FILED A CROSS OBJECTION C . O . NO. 298/DEL/11. 1.1. IN TERMS OF CBDT CIRCULAR NO.21/2015 DATED 10 TH DECEMBER,2015, F. NO. 279/MISC./142/2007 - ITJ(PT.) READ WITH S.268 A OF THE INCOME TAX ACT 1961, THIS APPEAL BY THE REVENUE SHOULD HAVE BEEN WITHDRAWN OR SHOULD NOT HAVE BEEN PRESSED BY THE REVENUE. 2. IN VIEW OF THE ABOVE THIS APPEAL BY THE REVENUE IS DISMISSED IN LIMINI. ITA NO. 2434/DEL/11 CROSS OBJECTION NO.298/DEL/11 (IN ITA 2434/DEL/11) A.Y. 2007 - 08 SH. RAJEEV SINGHAL, RAMPUR 2 3. IN CASE THE REVENUE FINDS THAT THIS APPEAL IS COVERED BY THE EXCEPTIONS CARVED OUT IN THE SAID CBDT CIRCULAR, THE REVENUE IS AT LIBERTY TO FILE A MISC. APPLICATION U/S 254(2) OF THE INCOME TAX ACT, 1961. 4 . AS THE REVENUE S APPEAL IS DISMISSED IN LIMI NE, THE ASSESSEE S CROSS OBJECTION HAS BECOME INFRUCTUOUS. HENCE THE C.O. OF THE ASSESSEE IS DISMISSED AS INFRUCTUOUS. 5 . IN THE RESULT REVENUE S APPEAL IS DISMISSED IN LIMINI , WHEREAS ASSESSEE S CROSS OBJECTION IS DISMISSED AS INFRUCTUOUS. ORDER PRONOUNCED IN THE OPEN COURT ON 01 ST M ARCH, 2016 . SD/ - SD/ - ( SUCHITRA KAMBLE ) (J. SUDHAKAR REDDY) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: THE 01 ST MARCH, 2016 MANGA COPY FORWARDED TO: - 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(A) 5 . DR, ITAT - TRUE COPY - BY ORDER, ASSISTANT REGISTRAR