ITO (E), New Delhi V. M/s Confederation of India Industry, New Delhi

ITA 2747/DEL/2013

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 5234 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 3 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-08-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 08-05-2017
• Assessment Year: 2007-2008
• Appeal Filed On: 06-05-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: K K KHANNA
• Keywords: Retrospective amendment; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : B : NEW DELHI BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI K. NARASIMHA CHARY, JUDICIAL MEMBER ITA NO.2747/DEL/2013 ASSESSMENT YEAR : 2007-08 ITO (E), TRUST WARD-III, NEW DELHI. VS. CONFEDERATION OF INDIA INDUSTRY, 23-26, INSTITUTIONAL AREA, LODHI ROAD, NEW DELHI. PAN: AAATC0188R (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI ANSHU PRAKASH, SR. DR RESPONDENT BY: SHRI K.K. KHANNA, CA DATE OF HEARING : 07.08.2017 DATE OF PRONOUNCEMENT: 07.08.2017 ORDER PER SHRI R.S. SYAL, VP: THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST THE ORDER PASSED BY THE CIT(A) ON 04.02.2013 IN RELATION TO ASSESSME NT YEAR 2007-08. ITA NO.2747/DEL/2013 2 2. DURING THE COURSE OF HEARING, THE LD. AR SUBMITT ED THAT PURSUANT TO THE MANDATE OF SECTION 268A, THE CBDT H AS ISSUED CIRCULAR NO. 21 OF 2015 DATED 10.12.2015 WITH RETRO SPECTIVE EFFECT, REVISING THE MONETARY LIMIT TO RS.10,00,000 /- FOR NOT FILING APPEALS BEFORE THE TRIBUNAL. HE FURTHER SUBMITTED THAT AS THE TAX EFFECT INVOLVED IN THE INSTANT APPEAL IS LESS THAN RS.10,00,000/-, THE EXTANT APPEAL IS NOT MAINTAINABLE. THE LD. D.R ., ALTHOUGH SUPPORTED THE ORDER OF THE ASSESSING OFFICER, BUT C OULD NOT CONTROVERT THE FACT THAT TAX EFFECT INVOLVED IN THI S APPEAL IS LESS THAN RS.10,00,000/-. 3. WE HAVE HEARD THE PARTIES AND PERUSED THE RELEVA NT MATERIAL ON RECORD. GOING BY THE PRESCRIPTION OF THE AFORENO TED CIRCULAR, WE ARE OF THE VIEW THAT THE REVENUE SHOULD HAVE EIT HER NOT FILED THE INSTANT APPEAL BEFORE THE TRIBUNAL OR WITHDRAWN THE SAME AS THE TAX EFFECT IN THIS APPEAL IS ADMITTEDLY LESS TH AN THE PRESCRIBED LIMIT FOR NOT FILING THE APPEALS. FROM PARA 10 OF THE ABOVE CIRCULAR IT IS PALPABLE THAT THE INSTRUCTION IS APP LICABLE TO THE PENDING APPEALS ALSO WITH RETROSPECTIVE EFFECT AND THERE IS A ITA NO.2747/DEL/2013 3 CLEAR-CUT DIRECTION TO THE DEPARTMENT TO WITHDRAW O R NOT PRESS SUCH APPEALS FILED BEFORE THE ITAT WHEREIN TAX EFFE CT IS LESS THAN RS.10,00,000/-. EX CONSEQEUNTI WE DISMISS THE INSTANT APPEAL WITHOUT GOING INTO MERITS OF THE CASE. 4. IN THE RESULT, THE APPEAL OF THE REVENUE STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 07.08.2017. SD/- SD/- (K. NARASIMHA CHARY) (R.S. SYAL) JUDICIAL MEMBER VICE PRESIDENT DATED: 07 TH AUGUST, 2017. DK COPY FORWARDED TO 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR DY. REGISTRAR, ITAT, NEW DELHI