DCIT, New Delhi V. M/s Papico Coatings India Pvt. Ltd., New Delhi

ITA 2691/DEL/2016

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 2747 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 1 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-06-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2011-2012
• Appeal Filed On: 11-05-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Retrospective amendment; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: G NEW DELHI BEFORE SHRI H.S. SIDHU, JUDICIAL MEMBE R AND SHRI B.R.R. KUMAR, ACCOUNTANT MEMBER ITA NO. 2691/DEL/2016 ASSESSMENT YEAR: 2011-12 DCIT , CIRCLE 19(2) R.NO. 221, 2 ND FLOOR, C.R. BLDG., I.P. ESTATE, NEW DELHI. VS PAPICO COATINGS INDIA PVT. LTD. 311, R.G. MALL, SU, LSC OPPOSITE DHARAM KUNJ SOCIETY, SECTOR-9, ROHINI, NEW DELHI. PAN NO. AAKCS6122N APPELLANT RESPONDENT REVENUE BY SHRI N.K. BANSAL, SR. DR ASSESSEE BY SHRI ANIL JAIN, CA ORDER PER SHRI H.S. SIDHU, J.M. THIS APPEAL BY THE REVENUE AGAINST THE IMPUGNED ORD ER PASSED BY THE LD. CIT(A)-7, NEW DELHI IN RELATION T O ASSESSMENT YEAR 2011-12. 2. THE LEARNED DR SUPPORTED THE ORDER OF THE ASSESS ING OFFICER, BUT COULD NOT CONTROVERT THE FACT THAT THE TAX EFFE CT INVOLVED IN THIS APPEAL IS LESS THAN RS.20,00,000/-. DATE OF HEARING 12.06.2019 DATE OF PRONOUNCEMENT 12.06.2019 2 ITA NO. 2691/DEL /2016 3. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE R ELEVANT MATERIAL ON RECORD. IT IS NOTICED THAT RECENTLY THE CBDT HAS ISSUED CIRCULAR NO. 03 OF 2018, DATED 11TH JULY, 2018 WITH RETROSPECTIVE EFFECT, REVISING THE MONETARY LIMIT TO RS.20,00,000 /- FOR NOT FILING APPEAL BEFORE THE TRIBUNAL. 4. FROM THE AFORE-NOTED CIRCULAR, IT IS PALPABLE TH AT THE INSTRUCTION IS APPLICABLE TO THE PENDING APPEALS AL SO WITH RETROSPECTIVE EFFECT AND THERE IS A CLEAR-CUT DIREC TION TO THE DEPARTMENT TO WITHDRAW OR NOT PRESS SUCH APPEAL FIL ED BEFORE THE ITAT, WHEREIN TAX EFFECT IS LESS THAN RS.20,00,000/ -. GOING BY THE PRESCRIPTION OF THE AFORE-NOTED CIRCULAR, WE ARE OF THE VIEW THAT THE REVENUE SHOULD HAVE EITHER NOT FILED THE INSTANT AP PEAL BEFORE THE TRIBUNAL OR WITHDRAWN THE SAME AS THE TAX EFFECT IN THIS APPEAL IS ADMITTEDLY LESS THAN THE PRESCRIBED LIMIT, I.E., RS . 20,00,000/- FOR NOT FILING THE APPEAL BEFORE THE TRIBUNAL. ACCORDIN GLY, WE DISMISS THE INSTANT APPEAL FILED BY THE REVENUE WITHOUT GOI NG INTO MERITS OF THE CASE. HOWEVER, THE DEPARTMENT IS AT LIBERTY TO FILE MISCELLANEOUS APPLICATION, IF THE TAX EFFECT IS FOU ND TO BE MORE THAN THE PRESCRIBED LIMITED OF RS.20,00,000/- OR OT HERWISE. ACCORDINGLY, THE APPEAL OF THE REVENUE STANDS DISMI SSED. 5. IN THE RESULT, THE APPEAL OF THE REVENUE STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (B.R.R. KUMAR) (H.S. SIDHU) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 12.06.2019 3 ITA NO. 2691/DEL /2016 *KAVITA ARORA 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 12.6.2019 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 12.6.2019 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 12.6.19 DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 12.6.19 DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/PS 12.6.19 DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WE BSITE OF ITAT 12.6.19 DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 12.6 .19 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