DCIT, CENTRAL CIRCLE- 6, NEW DELHI V. SANJEEV KUMAR AGGARWAL, NEW DELHI

ITA 2600/DEL/2018

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 7232 (ITAT-DELHI)
• Duration Of Justice: 2 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-07-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2014-2015
• Appeal Filed On: 13-04-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: KOUSHLENDRA TEWARI
• Assessee Lawyers: VED JAIN CA SH ASHISH GOEL
• Keywords: Tax effect

Judgement Text

ITA NO. 2600/DEL/2018 1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: G NEW DELHI BEFORE SHRI R.S. SYAL, VICE PRESIDENT & SHRI K.N. CHARY, JUDICIAL MEMBER ITA NO.-2600/DEL/2018 ( ASSESSMENT YEAR: 2014-15) DCIT CENTRAL CIRCLE 6, NEW DELHI. VS SH. SANJEEV KUMAR AGGARWAL, B-26, SWASTHYA VIHAR, DELHI. PAN NO. AADPA0478P REVENUE BY SH. KOUSHLENDRA TEWARI, SR. DR ASSESSEE BY SH. VED JAIN, CA SH. ASHISH GOEL, CA ORDER PER K. NARSIMHA CHARY, J.M. IN THIS APPEAL REVENUE CHALLENGED THE ORDER DATED 31/01/2018 PASSED IN APPEAL NUMBERS 116 AND 118/201 7-18 BY THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-24 , NEW DELHI (LD. CIT(A)) DELETING THE PENALTY OF RS. 9,71,573 /- IMPOSED BY THE LD. ASSESSING OFFICER UNDER SECTION 271 AAB (C) OF THE ACT. 2. AT THE OUTSET, LEARNED AR BROUGHT TO OUR NOTICE THAT THE QUANTUM INVOLVED IN THIS CASE IS RS. 9,71,573/-AND TAX EFFECT ON THE DISPUTED ADDITION BEFORE US IS LESS THAN RS. 10 LACS SQUARELY FALLING WITH THE AMBIT OF CIRCULAR NO. 21 / 2015 DA TED 10.12.2015 PRESCRIBING THE TAX EFFECT FOR PREFERRIN G APPEALS BEFORE TRIBUNAL BY THE REVENUE. . DATE OF HEARING 06.07.2018 DATE OF PRONOUNCEMENT 06.07.2018 ITA NO. 2600/DEL/2018 2 3. AFTER PERUSING THE MATERIALS AVAILABLE ON RECOR D, WE FIND THAT THE ADDITIONS DISPUTED BEFORE US IS BELOW THE TAX EFFECT LIMIT PRESCRIBED BY CBDT VIDE CIRCULAR NO. 21 / 2015 DAT ED 10.12.2015 FOR PREFERRING APPEALS BEFORE TRIBUNAL B Y THE REVENUE. ON PERUSAL OF THE CIRCULAR NO. 21 / 2015 DATED 10.1 2.2015 AND THE MATERIALS AVAILABLE ON RECORD, LD. DR COULD NOT POINT OUT WHETHER THIS CASE FALLS UNDER ANY OF THE EXCEPTION AS PROVIDED IN THE CIRCULAR DESPITE SPECIFIC OPPORTUNITY WAS GIVEN , DOES NOT FALL UNDER ANY OF THE EXCEPTIONS CONTEMPLATED IN THE SAI D CIRCULAR, AS THIS IS COVERED. WE ALSO FIND THAT THE CIRCULAR MA KES IT VERY CLEAR THAT THE REVISED MONETARY LIMITS SHALL APPLY RETROS PECTIVELY TO PENDING APPEALS ALSO. WE FIND THAT THE CIRCULAR IS BINDING ON THE TAX AUTHORITIES. THIS POSITION HAS BEEN CONFIRMED B Y THE HONBLE APEX COURT IN THE CASE OF COMMISSIONER OF CUSTOMS V S INDIAN OIL CORPORATION LTD REPORTED IN 267 ITR 272 (SC). HENCE, WE HOLD THAT THE APPEAL OF THE REVENUE DESERVES TO BE DISMISSED IN TERMS OF LOW TAX EFFECT VIDE CIRCULAR NO.21 / 2015 DATED 10. 12.2015. ACCORDINGLY, THIS BEING A LOW TAX EFFECT CASE, WE D ISMISS THIS APPEAL OF REVENUE IN LIMINE, AS UNADMITTED, WITHOUT GOING INTO THE MERITS OF THE CASE. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 06.07.2018 SD/- SD/- (R.S. SYAL) (K. NARSIMHA CHARY) VICE PRESIDENT JUDICIAL MEMBER DATED: 06.07.2018 *KAVITA ARORA ITA NO. 2600/DEL/2018 3 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT TRUE COPY ASSISTANT REGISTRAR ITAT NEW DELHI DATE OF DICTATION 06.07.2018 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 06.07.2018 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. P S/PS 06.07.2018 DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 06.07.2018 DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/PS 06.07.2018 DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WE BSITE OF ITAT 06.07.2018 DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 06.0 7.2018 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER