ITO, Ward- 35(3), New Delhi V. Gopal Hari Sharma, New Delhi

ITA 2560/DEL/2018

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 4897 (ITAT-DELHI)
• Duration Of Justice: 3 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 12-04-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: YASHU GOEL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH SMC, NEW DELHI BEFORE SHRI R. K. PANDA, ACCOUNTANT MEMBER ITA NO.2560/DEL/2018 ASSESSMENT YEAR : 2010-11 ITO, WARD- 35(3), NEW DELHI. VS. GOPAL HARI SHARMA, ROOM NO.809, 8 TH FLOOR, E-2 BLOCK, PRATYAKSH KAR BHAWAN, CIVIC CENTRE, DR. S.P. MUKHERJEE MARG, MINTO ROAD, NEW DELHI. PAN : ASMPS9253P (APPELLANT) (RESPONDENT) DEPARTMENT BY : SHRI ATIQ AHMED, SR.DR ASSESSEE BY : SHRI YASHU GOEL, FCA DATE OF HEARING : 01-08-2018 DATE OF PRONOUNCEMENT : 01-08-2018 O R D E R PER R. K. PANDA, AM : THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINS T THE ORDER DATED 15.01.2018 OF CIT(A)- XXV, NEW DELHI RELATING TO AS SESSMENT YEAR 2010-11. 2. THE LD. COUNSEL FOR THE ASSESSEE AT THE OUTSET S UBMITTED THAT THE TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE IS BE LOW RS.20 LAKHS. THEREFORE, IN VIEW OF THE CBDT CIRCULAR NO.03/2018 [F.NO.279/M ISC.142/2007-ITJ (PT)] DATED 11 TH JULY, 2018 RAISING THE MONETARY LIMITS FOR FILING OF APPEALS BY THE DEPARTMENT BEFORE THE ITAT, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE. IT HAS ALSO BEEN CLARIFIED IN THE SA ID CIRCULAR THAT PENDING APPEALS OF THE DEPARTMENT BEFORE THE ITAT HAVING MONETARY L IMITS OF RS.20 LAKHS WILL BE TREATED AS WITHDRAWN AS PER PARA 3 OF THE SAID C IRCULAR. IN VIEW OF THE ABOVE, 2 ITA NO.2560/DEL/2018 THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE . ACCORDINGLY, THE SAME IS DISMISSED. 3. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ITSELF I.E. ON 01 ST AUGUST, 2018. SD/- (R. K. PANDA) ACCOUNTANT MEMBER DATED: 01-08-2018. SUJEET COPY OF ORDER TO: - 1) THE APPELLANT 2) THE RESPONDENT 3) THE CIT 4) THE CIT(A) 5) THE DR, I.T.A.T., NEW DELHI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT, NEW DELHI