ITO, New Delhi V. Delhi Gymkhana Club, New Delhi

ITA 2731/DEL/2015

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 6613 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 2 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-07-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2010-2011
• Appeal Filed On: 06-05-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIJAY KR JIWANI
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH B, NEW DELHI BEFORE SHRI R. K. PANDA, ACCOUNTANT MEMBER AND SMT. BEENA A. PILLAI, JUDICIAL MEMBER ITA NO.2731/DEL/2015 ASSESSMENT YEAR : 2010-11 ITO, WARD- 7(1), NEW DELHI. VS. DELHI GYMKHANA CLUB, 2, SAFDARJUNG ROAD, NEW DELHI. PAN : AAACD0896L (APPELLANT) (RESPONDENT) DEPARTMENT BY : SHRI VIJAY KR. JIWANI, SR.DR ASSESSEE BY : NONE DATE OF HEARING : 23-07-2018 DATE OF PRONOUNCEMENT : 24-07-2018 O R D E R PER R. K. PANDA, AM : THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINS T THE ORDER DATED 06.02.2015 OF THE CIT(A)- 3, DELHI RELATING TO ASSE SSMENT YEAR 2010-11. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE. HOWEVE R, SINCE THE TAX EFFECT INVOLVED IN THE APPEAL FILED BY THE REVENUE IS BELO W RS.20 LAKHS, THEREFORE, THE APPEAL WAS TAKEN UP FOR HEARING IN THE LIGHT OF THE LATEST CIRCULAR OF CBDT. 3. LD. DR AT THE OUTSIDE SUBMITTED THAT THE TAX EFF ECT INVOLVED IN THE APPEAL FILED BY THE REVENUE IS BELOW RS.20 LAKHS. THEREFO RE, IN VIEW OF CBDT CIRCULAR NO.03/2018 [F.NO.279/MISC.142/2007-ITJ (PT )] DATED 11 TH JULY, 2018 2 ITA NO.2731/DEL/2015 RAISING THE MONETARY LIMITS FOR FILING OF APPEALS B Y THE DEPARTMENT BEFORE THE ITAT, THIS APPEAL IS NOT MAINTAINABLE. 4. AS PER PARA 3 OF THE SAID CIRCULAR, IT IS ALSO C LARIFIED THE PENDING APPEALS OF THE REVENUE BEFORE THE ITAT HAVING MONETARY LIMI TS OF RS.20 LAKHS WILL BE TREATED AS WITHDRAWN. SINCE IN THE INSTANT CASE, T HE TAX EFFECT IS ADMITTEDLY BELOW RS.20 LAKHS, THEREFORE, IN VIEW OF THE LATEST CBDT CIRCULAR (SUPRA) RAISING THE MONETARY LIMITS FOR FILING OF THE APPEA LS BEFORE THE TRIBUNAL WHICH IS APPLICABLE EVEN TO PENDING APPEALS, THE APPEAL FILE D BY THE REVENUE IS DISMISSED. 5. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 24 TH JULY, 2018. SD/- SD/- (BEENA A. PILLAI) (R. K. PANDA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 24-07-2018. 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