ACIT, New Delhi V. M/s. K.K. Road Cargo Movers, New Delhi

ITA 3027/DEL/2016

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 6626 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 1 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-07-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2011-2012
• Appeal Filed On: 27-05-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SANJEEV CHADDHA
• Assessee Lawyers: SURENDER PAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH F NEW DELHI BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER I.T.A NO.3027/DEL/2016 ASSESSMENT YEAR: 2011-12 ACIT, CIRCLE-51(1), NEW DELHI. VS. M/S. K.K. ROAD CARGO MOVERS, 217, DHAKA CHAMBERS, 2068/39, NAIWALA, KAROL BAGH, NEW DELHI. TAN/PAN: AABFK 4015A (APPELLANT) (RESPONDENT) APPELLANT BY: SHRI SURENDER PAL, SR.D.R. RESPONDENT BY: SHRI SANJEEV CHADDHA, CA DATE OF HEARING: 25 07 2019 DATE OF PRONOUNCEMENT: 25 07 2019 O R D E R PER AMIT SHUKLA, JUDICIAL MEMBER THE AFORESAID APPEAL HAS BEEN FILED BY THE REVENUE AGAINST THE IMPUGNED ORDER DATED 25.07.2019, PASSED BY COMMISSIONER OF INCOME TAX (APPEALS)-VII, NEW DELHI FOR THE ASSESSMENT YEAR 2011-12. 2. BEFORE US, LD. COUNSEL FOR THE ASSESSE SUBMITTED THAT THE DISPUTED AMOUNT RAISED IN THE REVENUES APPEAL IS RS.40,48,709/- AND TAX EFFECT IN SUCH DISPUTED ADDI TION IS ONLY RS.12,51,051/- WHICH IS MUCH BELOW THE NEW PRE SCRIBED MONETARY LIMIT FOR FILING OF APPEAL BY THE DEPARTME NT BEFORE I.T.A. NO.3027/DEL/2016 2 THE ITAT OF RS.20 LAC VIDE CBDT CIRCULAR NO. 03/200 8 [F.NO.279/MISC.142/2007-ITJ (PT)] DATED 11 TH JULY, 2018. HE HAS ALSO GIVEN THE FOLLOWING WORKING. 1. ADDITION AS PER AO ORDER: PARA 3: 10% OF 89,58,052 895805 PARA 4: 10% OF 87212676 8721267 TOTAL 9617072 DISPUTED DEMAND IN APPEAL PARA 3 : 10% OF 89,58,052 895805 AS PER REMAND REPORT SUBMITTED BY 31 52904 AO AT TIME OF CIT(A) WHERE 10% OF 87212676 WAS REDUCED TO 10% OF 31529044 (PAGE 38 OF CIT ORDER) TOTAL DISPUTED ADDITION 4048709 TAX ON 4048709 @ 30.9% DISPUTED TAX 1251 051 THIS IS BELOW 20 LAKHS, HENCE LOW TAX EFFECT 3. LD. DR ALSO ADMITTED THAT THE TAX EFFECT IS BELO W PRESCRIBED MONETARY LIMIT OF RS.20 LAC FOR FILING O F THE APPEAL BEFORE THE TRIBUNAL BY THE DEPARTMENT. 4. THUS, IN VIEW OF CBDT CIRCULAR NO.03/2008 [F.NO.279/MISC.142/2007-ITJ (PT)] DATED 11 TH JULY, 2018, THE APPEAL OF THE REVENUE IS DISMISSED. I.T.A. NO.3027/DEL/2016 3 5. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 25 TH JULY, 2019. SD/- SD/- [PRASHANT MAHARISHI] [AMIT SHUKLA] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 25 TH JULY, 2019 PKK: