ITO, New Delhi V. M/s Integer Leasing & Finance Co. Pvt. Ltd., Delhi

ITA 2576/DEL/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 4748 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 3 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2011-2012
• Appeal Filed On: 28-04-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Retrospective amendment; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH C , NEW DELHI BEFORE SHRI R.S.SYAL, VICE PRESIDENT AND SMT. BEENA A. PILLAI, JUDICIAL MEMBER ITA NO. 2573 /DEL/201 7 AY: 20 10 - 11 ITA NO. 2574 /DEL/201 7 AY: 20 07 - 08 ITA NO. 2576 /DEL/201 7 AY: 20 11 - 12 ITO, WARD 12(3) NEW DELHI VS . M/S INTEGER LEASING & FINANCE CO.PVT.LTD. 2, PAL MOHAN APARTMENT CLUB ROAD, PUNJABI BAGH (W) DELHI 110 026 PAN: AAACI0151R (APPELLANT) (RESPONDENT) DEPARTMENT BY : SH. ATIQ AHMAD, SR. D.R. ASSESSEE BY : NONE . DATE OF HEARING : 10 .08.2018 DATE OF PRONOUNCEMENT : 10 .08. 2018 ORDER PER BEENA A PILLAI, JUDICIAL MEMBER PRESENT APPEAL S ARE FILED BY REVENUE FOR A.Y. 20 10 - 11 , 2007 - 08 AND 2011 - 12 AGAINST ORDER DATED 18.01.2017 OF LD.CIT(A) - 30, NEW DELHI PERTAINING TO THE SAME ASSESSEE. 2. THOUGH NONE WERE PRESENT ON BEHALF OF ASSESSEE, ASSESSEE S COUNSEL SUBMITTED LETTER DATED 30.07.2018 STATING THAT SINCE THE TAX EFFECT INVOLVED ITA NO.2573/DEL/17 A.Y. 2010 - 11, ITA 2574/DEL/2017 A.Y.:2007 - 08 & ITA 2576/DEL/17 A.Y.:2011 - 12 ITO, WARD 12(3) VS. M/S INTEGER LEASING & FINANCE CO.PVT.LTD. 2 IN ALL THESE APPEALS IS LESS THAN RS.20 LAKHS, AS PER CBDT CIRCULAR NO.3/2018 DT. 11.7.2018, THE APPEALS MAY BE DECIDED ACCORDINGLY. 3. LD.SR.D.R. THOUGH SUPPORTED THE ORDER OF LD.ASSESSING OFFICER, COULD NOT CONTROVERT THE ABOVE FACT IN THE LIGHT OF CBDT CIRCULAR NO.03 OF 2018 DT. 11 TH JULY,2018 REVISING THE MONETARY LIMIT TO RS.20 LAKHS FOR NOT FILING APPEAL S BEFORE THE TRIBUNAL. 4. HEARD LD.SR.D.R. AND PERUSED RELEVANT MATERIAL ON RECORD. GOING BY THE PRESCRIPTION OF THE AFORE NOTED CIRCULAR, IT IS PALPABLE THAT THE CBDT INSTRUCTION IS APPLICABLE TO THE PENDING APPEALS ALSO WITH RETROSPECTIVE EFFECT, AND T HERE IS A CLEAR - CUT DIRECTION TO THE DEPARTMENT TO WITHDRAW OR NOT TO PRESS SUCH APPEALS FILED BEFORE THE ITAT, WHEREIN TAX EFFECT IS LESS THAN RS.20,00,000/ - . 5. IN VIEW OF CBDT CIRCULAR NO.3/2018 [(F.NO.279/MISC.142/2007 - ITJ(PT)] DATED 11.07.2018, WE DISMISS ALL THE THREE APPEALS FILED BY REVENUE . 6 . IN THE RESULT, APPEAL S FILED BY REVENUE STAND DISMISSED . ORDER PRONOUNCED IN THE OPEN COURT ON 1 0 T H AUGUST, 2018. S D / - S D / - (R.S.SYAL) (BEENA A PILLAI) VICE PRESIDENT JUDICIAL MEMBER DATED: 1 0 T H AUGUST, 2018 *MANGA ITA NO.2573/DEL/17 A.Y. 2010 - 11, ITA 2574/DEL/2017 A.Y.:2007 - 08 & ITA 2576/DEL/17 A.Y.:2011 - 12 ITO, WARD 12(3) VS. M/S INTEGER LEASING & FINANCE CO.PVT.LTD. 3 COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(APPEALS) 5 . DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI S.NO. DETAILS DATE 1. DRAFT DICTATED ON 10.08.18 2. DRAFT PLACED BEFORE AUTHOR 10.08.18 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 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