ACIt, New Delhi V. Sh. Sanjay Bhagat, New Delhi

ITA 2742/DEL/2015

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 6940 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 2 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-07-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 07-05-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIJAY KUMAR TIWARI
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH B , NEW DELHI BEFORE S H. R. K. PANDA , ACCOUNTANT MEMBER AND SMT. BEEN A. PILLAI, JUDICIAL MEMBER ITA NO. 2742 /DEL/201 5 ASSESSMENT YEAR: 20 08 - 09 ACIT CIRCLE 49 (1) NEW DELHI VS S ANJAY BHAGAT C - 3/14, JANAK PURI NEW DELHI - 110 0 58 PAN AAVPB6211D (APPELLANT) (RESPONDENT) REVENUE BY SH. VIJAY KUMAR TIWARI , SR. DR ASSESSEE BY SH. S. KRISHNAN, ADVOCATE SH. V. RAJA KUMAR, ADVOCATE CO. NO .65/DEL/2018 (IN ITA NO.2742/DEL/2015) ASSESSMENT YEAR: 2008 - 09 SANJAY BHAGAT C - 3/14, JANAK PURI NEW DELHI PAN AAVPB6211D VS ACIT CIRCLE 49 (1) NEW DELHI (APPELLANT) (RESPONDENT) ASSESSEE BY SH. S. KRISHNAN, ADVOCATE SH. V. RAJA KUM AR, ADVOCATE REVENUE BY SH. VIJAY KUMAR TIWARI, SR. DR DATE OF HEARING: 2 6 / 07 / 2018 DATE OF PRONOUNCEMENT: 26 / 0 7 /2018 2 ORDER PER R.K. PANDA, AM: 1. THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 17.02.2015 OF THE CIT(A) - 17 , NEW DELHI RELATING TO A. Y. 20 08 - 09 . THE ASSESSEE HA S ALSO FILED CROSS OBJECTION AGAINST THE APPEAL FILED BY THE REVENUE . FOR THE SAKE OF CONVENIENCE THESE WERE HEARD TOGETHER AND ARE BEING DISPOSED OF BY THIS COMMON ORDER. 2 . THE LD. COUNSEL FOR THE ASSESSEE , AT THE OUTSET , SUBMITTED THAT THE TAX EFFECT INVOLVE D IN THE GROUNDS RAISED BY THE REVENUE IS BELOW RS.20,00,000/ - . THEREFORE, IN VIEW OF THE LATEST CBDT CIRCULAR NO.03/2018 [F.NO.279/MISC.142/2007 - ITJ (PT.)] DATED 11.07.2018 WHICH ALSO APPL IES TO PENDING APPEALS FILED BY THE DEPARTMENT, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE . 3 . THE LD. DR FAIRLY CONCEDED THAT THE TAX EFFECT INVOLVED IN THE APPEAL FILED BY THE REVENUE IS BELOW RS.20,00,000/ - . 4. AFTER HEARING BOTH THE SIDES, WE FIND THAT THE TAX EFFECT INVOLVE D IN THE GROUNDS RAISED BY THE REVENUE IS ADMITTEDLY BELOW RS.20,00,000/ - . THE CBDT VIDE CIRCULAR NO.03/2018 [F.NO.279/MISC.142/2007 - ITJ (PT.)] DATED 11.07.2018 HAS REVISED THE MONETARY LIMIT TO RS.20,00,000/ - FOR FILING OF THE APPEALS BY THE DEPARTMENT BEFORE ITAT. AS PER PARA 3 OF THE SAID CIRCULAR IT IS ALSO CLARIFIED THAT THE PENDING APPEALS OF THE DEPARTMENT BEFORE ITAT HAVING MONETARY LIMIT OF RS. 20,00,000/ - WILL BE TREATED AS WITHDRAWN. SINCE IN THE INSTANT CASE T HE TAX EFFECT IS ADMITTEDLY BELOW RS. 20,00,000/ - , THEREFORE, IN VIEW OF THE LATEST CBDT CIRCULAR CITED (SUPRA) THE APPEAL FILED BY THE REVENUE IS DISMISSED. 3 CO. NO.65/DEL - 2018 (A. Y. 2008 - 09) 7. SINCE THE APPEAL FILED BY THE REVENUE IS DISMISSED, THER EFORE, THE C ROSS O BJECTION FILED BY THE ASSESSEE BECOMES INFRUCTUOUS AND ACCORDINGLY THE SAME IS DISMISSED. 8. IN THE RESULT, THE APPEAL FILED BY THE REVENUE AND C ROSS OBJECTION FILED BY THE ASSESSEE ARE DISMISSED. ORDER P RONOUNCED IN THE OPEN COURT A T THE TIME OF HEARING ITSELF I.E. ON 26 TH JULY, 2018. SD/ - SD/ - (BEENA A. PILLAI) ( R.K. PANDA ) JUDICIAL MEMBER ACCOUNTANT MEMBER *NEHA* DATE: - 26 .0 7 .2018 COPY FORWARDED TO: 1 . APPELLANT 2 . RES PONDENT 3 . CIT 4 . CIT(APPEALS) 5 . DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI 4 DATE OF DICTATION 2 6 .07.2018 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 26. 07.2018 DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.PS/PS 26. 07.2018 DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT 26. 07.2018 DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/ PS 26. 07.2018 DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT 26. 07.2018 DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 27.07.2018 DATE ON WHICH FILE GOES TO THE HEAD CLERK. THE DATE ON WHICH FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER 5