DCIT, Muzaffarnagar V. M/s. Radhey Metalloys Pvt. Ltd., Muzaffarnagar

ITA 2959/DEL/2017

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 2820 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 6 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-11-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2012-2013
• Appeal Filed On: 11-05-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: LEARNED THAT TAX EFFEC
• Section: 13; 22

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL DELHI DELHI DELHI DELHI BENCH BENCH BENCH BENCH A AA A: NEW DELHI : NEW DELHI : NEW DELHI : NEW DELHI BEFORE BEFORE BEFORE BEFORE SHRI G.S. PANNU, VICE PRESIDENT SHRI G.S. PANNU, VICE PRESIDENT SHRI G.S. PANNU, VICE PRESIDENT SHRI G.S. PANNU, VICE PRESIDENT AND AND AND AND SMT. MADHUMITA ROY, SMT. MADHUMITA ROY, SMT. MADHUMITA ROY, SMT. MADHUMITA ROY, JUDICIAL JUDICIAL JUDICIAL JUDICIAL MEMBER MEMBER MEMBER MEMBER ITA NO. ITA NO. ITA NO. ITA NO.2959 2959 2959 2959/DEL/2017 /DEL/2017 /DEL/2017 /DEL/2017 ASSESSMENT YEAR ASSESSMENT YEAR ASSESSMENT YEAR ASSESSMENT YEAR : : : : 2012 2012 2012 2012- -- -13 1313 13 DEPUTY COMMISSIONER OF DEPUTY COMMISSIONER OF DEPUTY COMMISSIONER OF DEPUTY COMMISSIONER OF INCOME TAX, INCOME TAX, INCOME TAX, INCOME TAX, CIRCLE CIRCLE CIRCLE CIRCLE- -- -2 22 2 MUZAFFARNAGAR MUZAFFARNAGAR MUZAFFARNAGAR MUZAFFARNAGAR. .. . V VV VS. S.S. S. M/S M/S M/S M/S RADHEY METALLOYS PVT. LTD. RADHEY METALLOYS PVT. LTD. RADHEY METALLOYS PVT. LTD. RADHEY METALLOYS PVT. LTD. 1215, SOUTH CIVIL LINES, 1215, SOUTH CIVIL LINES, 1215, SOUTH CIVIL LINES, 1215, SOUTH CIVIL LINES, MUZAFFARNAGAR MUZAFFARNAGAR MUZAFFARNAGAR MUZAFFARNAGAR PAN : PAN : PAN : PAN : AAFCR0609G AAFCR0609G AAFCR0609G AAFCR0609G (APPELLANT) (RESPONDENT) DATE OF HEARING : 25 2525 25.11.2020 .11.2020 .11.2020 .11.2020 DATE OF PRONOUNCEMENT : 25.11 25.11 25.11 25.11.2020 .2020 .2020 .2020 ORDER ORDER ORDER ORDER THIS APPEAL BY THE REVENUE FOR THE ASSESSMENT YEAR 2012-13 IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(A), MU ZAFFARNAGAR DATED 02.03.2017. 2. AT THE TIME OF HEARING BEFORE US, IT WAS SUBMITTED BY THE LEARNED COUNSEL FOR THE ASSESSEE THAT THE TAX EFFEC T IN THIS APPEAL BY THE REVENUE IS BELOW RS.50 LAKHS. THE CBDT IN IT S CIRCULAR NO.17/2019 DATED 8 TH AUGUST, 2019 HAS REVISED THE MONETARY LIMIT FOR FILING OF THE DEPARTMENTAL APPEALS TO THE ITAT AT RS. 50 LAKHS. 3. LEARNED SENIOR DR AGREED WITH THE SAME. APPELLANT BY : SHRI M. BARANWAL, SR. DR RESPONDENTS BY : SHRI S.K. TANDON, CA ITA-2959/DEL/2017 2 4. IN VIEW OF THE ABOVE POSITION, WE DEEM IT PROPER TO DISMISS THE APPEAL OF THE REVENUE IN THE LIGHT OF THE CIRCU LAR NO.17/2019 OF CBDT DATED 8 TH AUGUST, 2019. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISS ED. DECISION PRONOUNCED IN THE OPEN COURT ON 25 TH NOVEMBER, 2020. SD/- SD/- ( (( (MADHUMITA ROY MADHUMITA ROY MADHUMITA ROY MADHUMITA ROY) )) ) ( (( (G.S. PANNU G.S. PANNU G.S. PANNU G.S. PANNU) )) ) JUDICIAL JUDICIAL JUDICIAL JUDICIAL MEMBER MEMBER MEMBER MEMBER VICE VICE VICE VICE PRESIDENT PRESIDENT PRESIDENT PRESIDENT SH COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT ASSISTANT REGISTRAR