DCIT, New Delhi V. M/s. Kenmore Vikas India (P) Ltd., New Delhi

ITA 2674/DEL/2017

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 6653 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 4 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-09-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2013-2014
• Appeal Filed On: 01-05-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

INCOME TAX APPELLATE TRIBUNAL DELHI BENCH D: NEW DELHI (THROUGH VIDEO CONFERENCING) BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND MS SUCHITRA KAMBLE, JUDICIAL MEMBER ITA NO. 2674/DEL/2017 ASSTT. YEAR 2013-14 DCIT, CIRCLE -14(2), ROOM NO. 317B, 3 RD FLOOR, C.R. BUILDING, I.P. ESTATE NEW DELHI. VS. M/S. KENMORE VIKAS INDIA (P) LTD. 12-A, SHIVAJI MARG, NEW DELHI 110 015 PAN AAACK4567D RESPONDENT (RESPONDENT) O R D E R PER R.K. PANDA, AM THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 28 TH FEBRUARY, 2017 OF LD. CIT(A) -5, DELHI RELATING TO ASSESSMENT YEAR 2013-14. DEPARTMENT BY: SHRI ARUN KUMAR YADAV, SR. DR ASSESSEE BY: SHRI K. SAMPATH, AD VOCATE SHRI V. RAI KUMAR, ADVOCATE DATE OF HEARING 10/09 /20 20 DATE OF PRONOUNCEMENT 10 /09/2020 ITA NO. 2674/DEL/2017 DCIT VS KENMORE VIKAS INDIA (P) LTD. 2 2. LD. COUNSEL FOR THE ASSESSEE AT THE OUTSET SUBMITTED THAT THE TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE IS ADMITTEDLY BELOW RS. 50 LAKHS. THEREFORE IN VIEW OF THE RECENT CBDT CIRCULAR NO. 17/2019 DATED 8 TH AUGUST, 2019 THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE. LD. DR FAIRLY CONCEDED THAT THE TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE IS BELOW RS. 50 LAKHS AND THEREFORE THE CBDT CIRCULAR IS APPLICABLE TO THE PRESENT CASE. 3. AFTER HEARING BOTH THE SIDES WE FIND THE TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE IS ADMITTEDLY BELOW RS. 50 LAKHS. THEREFORE, IN VIEW OF CIRCULAR NO. 17/2019 DATED 8 TH AUGUST, 2019 ISSUED BY THE CBDT RAISING THE MONETARY LIMIT TO RS. 50 LAKHS FOR FILING OF APPEALS BY THE REVENUE BEFORE THE TRIBUNAL AND SUBSEQUENT CLARIFICATION DATED 20 TH AUGUST, 2019 THAT THE ABOVE CIRCULAR APPLIES EVEN TO THE PENDING APPEALS, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE. ACCORDINGLY THE APPEAL FILED BY THE REVENUE IS DISMISSED ON ACCOUNT OF LOW EFFECT. 4. HOWEVER IF THE REVENUE AT ANY POINT OF TIME FINDS THAT TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE IS MORE THAN RS. 50 LAKHS THE REVENUE IS AT LIBERTY TO MOVE APPROPRIATE APPLICATION FOR REVIVAL OF THE APPEAL. ITA NO. 2674/DEL/2017 DCIT VS KENMORE VIKAS INDIA (P) LTD. 3 4. IN THE RESULT, APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ITSELF I.E ON 10 TH SEPTEMBER, 2020. SD/- SD/- (SUCHITRA KAMBLE) (R.K. PANDA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 10/09/2020 VEENA COPY FORWARDED TO 1. APPLICANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI