ACIT, New Delhi V. M/s Addagio Overseas, New Delhi

ITA 2967/DEL/2016

• Counselvise Citation: [2016] 121 COUNSELVISE.COM (IT) 4131 (ITAT-DELHI)
• Duration Of Justice: 5 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-11-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC 2
• Next Hearing Date: 04-10-2016
• Assessment Year: 2011-2012
• Appeal Filed On: 24-05-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANILKUMAR MISHRA
• Assessee Lawyers: S K CHATURVEDI
• Keywords: Tax effect

Judgement Text

I.T.A .NO.-2967/DEL/2016 ACIT VS ADDAGIO OVERSEAS IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: SMC-2 NEW DELHI BEFORE SMT DIVA SINGH, JUDICIAL MEMBER I.T.A .NO.-2967/DEL/2016 (ASSESSM ENT YEAR-2011-12) ACIT, CENTRAL CIRCLE-26, R.NO.323, 3 RD FLOOR, ARA CENTRE, JHANDEWALAN EXTN., NEW DELHI. (APPELLANT) VS ADDAGIO OVERSEAS, 1/18-B, ASAF ALI ROAD, KAMLA MARKET, NEW DELHI (RESPONDENT) APPELLANT BY SH.ANIL KUMAR MISHRA, SR.DR RESPONDENT BY SH.S.K.CHATURVEDI, CA DATE OF HEARING 04.10.2016 DATE OF PRONOUNCEMENT 17.11.2016 ORDER THE PRESENT APPEAL HAS BEEN FILED BY THE REVENUE AS SAILING THE CORRECTNESS OF THE ORDER DATED 26.02.2016 OF CIT(A)-29, NEW DELHI PERTAINING TO 2011-12 ASSESSMENT YEAR. 2. IT WAS A COMMON STAND OF THE PARTIES BEFORE THE BENCH THAT THE TAX EFFECT IN THE PRESENT APPEAL IS WELL BELOW RS.10 LAKH. I HAVE CONSIDERED THE MATERIAL AVAILABLE ON RECORD. I FIND THAT THE APPEAL HAS BEEN PREFERRED BY THE REVENUE IN VIO LATION OF CIRCULAR NO.21/2015 DATED 10 TH DECEMBER, 2015 OF CBDT. BY THE AFORESAID CIRCULAR, THE PECUNIARY LIMIT FOR FILING THE APPEAL BEFORE THE ITAT HAS BEEN PRESCRIBED BEYOND RS.10 LA KH. PARA 3 OF THE AFORESAID CIRCULAR HAS BEEN MADE APPLICABLE VIDE PARA 10 RETROSPECTIVELY. CONSIDERING THE SETTLED LEGAL PRECEDENT THAT THE BOARDS INSTRUCTIONS OR DIRECTIONS ISSUED TO TH E INCOME TAX AUTHORITIES U/S 268A OF THE INCOME TAX ACT, 1961 ARE BINDING ON THE AUTHORITIES , I HOLD THAT THE APPEAL IS NON-MAINTAINABLE. 3. IN VIEW OF THE ABOVE DISCUSSION, THE PRESENT APP EAL PREFERRED BY THE REVENUE IN VIOLATION OF CBDT CIRCULAR NO.21/2015 (CITED SUPRA) IS NOT MA INTAINABLE AND HENCE, THE SAME IS DISMISSED AS SUCH MAKING IT CLEAR THAT SINCE THE PR ESENT APPEAL HAS NOT BEEN DISPOSED OF ON MERITS, BUT DUE TO THE ABOVE REASON, THIS ORDER WIL L NOT HAVE ANY JUDICIAL PRECEDENCE. ACCORDINGLY, THE APPEAL OF THE REVENUE IS DISMISSED AS NON-MAINTAINABLE. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 1 7 TH NOVEMBER, 2016. SD/- (DIVA SINGH) JUDICIAL MEMBER *AMIT KUMAR* PAGE 2 OF 2 I.T.A .NO.-2967/DEL/2016 ACIT VS ADDAGIO OVERSEAS COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI