ACIT, New Delhi V. M/s Dex Aviation Pvt. Ltd, New Delhi

ITA 2767/DEL/2010

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 6612 (ITAT-DELHI)
• Duration Of Justice: 5 year(s) 8 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-02-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 24-02-2016
• Assessment Year: 2006-2007
• Appeal Filed On: 04-06-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Retrospective amendment; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : B : NEW DELHI BEFORE SHRI R.S. SYAL, AM & SHRI A.T. VARKEY, JM ITA NO.2767/DEL/2010 ASSESSMENT YEAR : 2006-07 ACIT, CIRCLE-10(1), NEW DELHI . VS. DEX AVIATION PVT. LTD., 42, ZAMRUDPUR COMMUNITY CENTRE, KAILASH COLONY EXT., NEW DELHI. PAN: AABCD9357R ASSESSEE BY : MS S. DEB RAY, ADVOCATE DEPTT. BY : SHRI SUNIL CHANDER SHARMA, CIT,DR DATE OF HEARING : 24.02.2016 DATE OF PRONOUNCEMENT : 24.02.2016 ORDER PER R.S. SYAL, AM: THIS APPEAL BY THE REVENUE ARISES OUT OF THE ORDER PASSED BY THE CIT(A) ON 31.3.2010 IN RELATION TO THE ASSE SSMENT YEAR 2006-07. ITA NO.2767/DEL/2010 2 2. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE RELEVANT MATERIAL ON RECORD. AT THE OUTSET, THE LD. AR SUBMITTED THAT THIS APPEAL OF THE REVENUE IS LIABLE TO BE DIS MISSED BECAUSE OF LOW TAX EFFECT. IT IS NOTICED THAT THE C BDT HAS ISSUED CIRCULAR NO. 21 OF 2015 DATED 10.12.2015 WIT H RETROSPECTIVE EFFECT, REVISING THE MONETARY LIMIT T O RS.10,00,000/- FOR NOT FILING APPEALS BEFORE THE TR IBUNAL. THE LD. D.R., ALTHOUGH SUPPORTED THE ORDER OF THE ASSES SING OFFICER, BUT COULD NOT CONTROVERT THE FACT THAT TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.10,00,000/- . 3. FROM PARA 10 OF THE ABOVE CIRCULAR IT IS PALPABL E THAT 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 APPEALS FI LED BEFORE THE ITAT WHEREIN TAX EFFECT IS LESS THAN RS.10,00,0 00/-. GOING BY THE PRESCRIPTION OF THE AFORENOTED CIRCULAR, WE ARE OF THE VIEW THAT THE REVENUE SHOULD HAVE EITHER NOT FILED THE INSTANT ITA NO.2767/DEL/2010 3 APPEAL BEFORE THE TRIBUNAL OR WITHDRAWN THE SAME AS THE TAX EFFECT IS ADMITTEDLY LESS THAN THE PRESCRIBED LIMIT FOR NOT FILING THE APPEALS. 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 24.02.2016. SD/- SD/- [A.T. VARKEY] [R.S. SYAL] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED, 24 TH FEBRUARY, 2016. DK COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR, ITAT AR, ITAT, NEW DELHI.