DCIT, Noida V. M/s. Prateek Resorts and Builders Pvt. Ltd., Dehradun

ITA 2929/DEL/2015

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 4168 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 3 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2008-2009
• Appeal Filed On: 12-05-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Retrospective amendment; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH F , NEW DELHI BEFORE SHRI R.S.SYAL, VICE PRESIDENT AND SMT. BEENA A. PILLAI, JUDICIAL MEMBER ITA NO. 2929 /DEL/201 5 AY: 20 08 - 09 DY.CIT CENTRAL CIRCLE 2 ND FLOOR, ARTO COMPLEX SECTOR 33 NOIDA VS . M/S PRATEEK RESORTS AND BUILDERS P LTD. 111/2, RAJPUR ROAD DEHRADUN PAN: AA HFP4669F (APPELLANT) (RESPONDENT) DEPARTMENT BY : SH. ATIQ AHMAD, SR. D.R. ASSESSEE BY : NONE . DATE OF HEARING : 1 6 .08.2018 DATE OF PRONOUNCEMENT : 16 .08. 2018 ORDER PER BEENA A PILLAI, JUDICIAL MEMBER PRESENT APPEAL HAS BEEN FILED BY REVENUE AGAINST ORDER DATED 20.02.2015 OF LD.CIT(A) , MEERUT PERTAINING TO A.Y. 20 08 - 09. 2. N ONE WERE PRESENT ON BEHALF OF ASSESSEE . 3. HEARD LD.SR.D.R. 4. IN PURSUANCE TO CBDT CIRCULAR NO.3/2018 [(F.NO.279/MISC.142/2007 - ITJ(PT)] DATED 11.07.2018, REVISING THE MONETARY LIMIT TO RS.20 LAKHS FOR FILING APPEALS BEFORE THE TRIBUNAL, IT IS OBSERVED THAT ADMITTEDLY THE TAX EFFECT IN THE PRESENT APPEAL IS LESS THAN RS.20 LAKHS. ITA 2929/DEL/2015 A.Y:2008 - 09 DCIT VS. PRATEEK RESORTS AND BUILDERS P LTD. 2 GOING BY THE PRESCRIPTION OF THE AFORE NOTED CIRCULAR, IT IS PAL PABLE THAT THE CBDT INSTRUCTION IS APPLICABLE TO THE PENDING APPEALS ALSO WITH RETROSPECTIVE EFFECT, AND THERE IS A CLEAR - CUT DIRECTION TO THE DEPARTMENT TO WITHDRAW OR NOT TO PRESS SUCH APPEALS FILED BEFORE THE ITAT, WHEREIN TAX EFFECT IS LESS THAN RS.2 0,00,000/ - . 5. IN THE RESULT, APPEAL FILED BY REVENUE STAND DISMISSED . ORDER PRONOUNCED IN THE OPEN COURT ON 1 6 T H AUGUST, 2018. S D / - S D / - (R.S.SYAL) (BEENA A PILLAI) VICE PRESIDENT JUDICIAL MEMBER DATED: 1 6 T H AUGUST, 2018 *MANGA COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(APPEALS) 5 . DR: ITAT // COPY // ASSISTANT REGISTRAR ITAT NEW DELHI ITA 2929/DEL/2015 A.Y:2008 - 09 DCIT VS. PRATEEK RESORTS AND BUILDERS P LTD. 3 S.NO. DETAILS DATE 1. DRAFT DICTATED ON 1 6 .08.18 2. DRAFT PLACED BEFORE AUTHOR 1 6 .08.18 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER 5. APPROVED DRAFT COMES TO THE SR. PS/PS 6. KEPT FOR PRONOUNCEMENT 7. ORDER UPLOADED ON 8. FILE SENT TO BENCH CLERK 9. DATE ON WHICH THE FILE GOES TO HEAD CLERK 10. DATE ON WHICH FILE GOES TO A.R. 11. DATE OF DISPATCH OF ORDER