ACIT, Ghaziabad V. M/s. Legend Promoters (P) Ltd., New Delhi

ITA 2884/DEL/2012

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 2835 (ITAT-DELHI)
• Duration Of Justice: 5 year(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-06-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 12-06-2017
• Assessment Year: 2006-2007
• Appeal Filed On: 08-06-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: NAVEEN CHANDRA
• Keywords: Tax effect

Judgement Text

I.T.A .NO.-2884/DEL/2012 ACIT VS LEGEND PROMOTERS P.LTD. IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: D NEW DELHI BEFORE SH. H.S.SIDHU, JUDICIAL MEMBER AND SH.P.MAHARISHI, ACCOUNTANT MEMBER I.T.A .NO.-2884/DEL/2012 (ASSESSMENT YEAR-2006-07) ACIT, CENTRAL CIRCLE, GHAZIABAD. ( APPELLANT) VS LEGEND PROMOTERS (P.) LTD., RZ-835A/1, GALI NO.18B, SADH NAGAR, PALAM COLONY, NEW DELHI. PAN-AAACL1569N (RESPONDENT) ASSESSEE BY SH. NAVEEN CHANDRA, CIT DR REVENUE BY SH. SALIL KAPOOR, ADV. & MS. SOUMYA SINGH, ADV. DATE OF HEARING 22.06.2017 DATE OF PRONOUNCEMENT 22.06.2017 ORDER PER H.S.SIDHU, JUDICIAL MEMBER THE PRESENT APPEAL HAS BEEN FILED BY THE REVENUE AS SAILING THE CORRECTNESS OF THE ORDER DATED 31.01.2012 OF CIT(A), MUZAFFARNAGAR PERTAINING TO 2006-07 ASSESSMENT YEAR. 2. WE HAVE HEARD LD. REPRESENTATIVES OF BOTH THE PA RTIES. 3. THE CBDT VIDE CIRCULAR NO.21/2015 DATED 10.12.20 15 HAS DECIDED THAT THE APPEAL SHALL NOT BE FILED BEFORE THE APPELLATE TRIB UNAL IN CASES WHERE THE TAX EFFECT DOES NOT EXCEED MANDATORY LIMIT OF RS.10 LACS. THE CIRCULAR WOULD APPLY TO ALL PENDING APPEALS AS WELL. ADMITTEDLY IN THE DEPARTM ENT APPEAL, THE TAX EFFECT IS LESS THAN RS.10 LACS. THEREFORE, THE DEPARTMENTAL APPEA L IS NOT MAINTAINABLE AS WAS FILED IN VIOLATION OF ABOVE BOTH CIRCULARS. 4. LD. DR IN VIEW OF THE ABOVE, DID NOT PRESS THE D EPARTMENT APPEAL. WE MAY ALSO NOTE THAT THE DEPARTMENT WOULD NOT FALL IN EXCEPTIO N PROVIDED IN THE ABOVE BOARD CIRCULAR. 5. IN VIEW OF THE ABOVE, THE DEPARTMENTAL APPEAL IS DISMISSED. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 22 ND OF JUNE, 2017. SD/- SD/- (P.MAHARISHI) (H.S.SIDHU ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATE:- 22 ND JUNE, 2017 *AMIT KUMAR* PAGE 2 OF 2 I.T.A .NO.-2884/DEL/2012 ACIT VS LEGEND PROMOTERS P.LTD. COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI