ITO ward 5 (2), V. Modi Entertainment (P) Ltd,

ITA 3053/DEL/2007

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 6711 (ITAT-DELHI)
• Duration Of Justice: 9 year(s) 1 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-07-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 28-07-2016
• Assessment Year: 2004-2005
• Appeal Filed On: 21-06-2007
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANIMA BARNWAL
• Assessee Lawyers: DIPESH JAIN
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: D NEW DELHI BEFORE SMT DIVA SINGH, JUDICIAL MEMBER AND SH.L.P.SAHU, ACCOUNTANT MEMBER I.T.A .NO.-305 3/DEL/2007 (ASSESSMENT YEAR- 2004-05) ITO, WARD-5(2),ROOM NO.234-B, C.R.BUILDING, I.P.ESTATE, NEW DELHI-110002. (APPELLANT) VS M/S MODI ENTERTAINMENT PVT. LTD., A-4, TAIMOOR NAGAR, NEW FRIENDS COLONY, NEW DELHI. (RESPONDENT) APPELLANT BY MS. ANIMA BARNWAL, SR.DR RESPONDENT BY SH.DIPESH JAIN, CA ORDER PER DIVA SINGH, JUDICIAL MEMBER THE PRESENT APPEAL HAS BEEN FILED BY THE REVENUE AS SAILING THE CORRECTNESS OF THE ORDER DATED 24.03.2007 OF CIT(A)-VIII, NEW D ELHI PERTAINING TO 2004-05 ASSESSMENT YEAR. IT WAS A COMMON STAND OF THE PART IES BEFORE THE BENCH THAT BY THE PARTIAL RELIEF GRANTED THE CIT(A) WHEREIN THE R EVENUE IS AGGRIEVED THE TAX EFFECT ON THE DELETION OF RS.12 LAKHS ODD IS MUCH BELOW TA X EFFECT OF RS. 10 LAKHS. ON CONSIDERING THE MATERIAL ON RECORD, WE FIND THAT TH E CONTENTION OF THE PARTIES IS CORRECT. IN VIEW THEREOF WE HOLD THAT THE PRESENT APPEAL HAS BEEN PREFERRED BY THE REVENUE IN VIOLATION OF CIRCULAR NO.21/2015 DATED 1 0TH DECEMBER, 2015 OF CBDT. BY THE AFORESAID CIRCULAR THE PECUNIARY LIMIT FOR F ILING THE APPEAL BEFORE THE ITAT HAS BEEN PRESCRIBED BEYOND RS. 10 LAKHS. PARA 3 OF THE AFORESAID CIRCULAR HAS BEEN MADE APPLICABLE VIDE PARA 10 RETROSPECTIVELY. CONSIDERING THE SETTLED LEGAL PRECEDENT THAT THE BOARDS INSTRUCTIONS OR DIRECTIO NS ISSUED TO THE INCOME TAX DATE OF HEARING 28.07.2016 DATE OF PRONOUNCEMENT 29.07.2016 I.T.A .NO.-305 3/DEL/2007 PAGE 2 OF 2 AUTHORITIES U/S 268A OF THE INCOME TAX ACT, 1961 AR E BINDING ON THE AUTHORITIES. WE HOLD THAT THE APPEAL IS NOT MAINTAINABLE. 2. IN VIEW OF THE ABOVE DISCUSSION, THE PRESENT APP EAL PREFERRED BY THE REVENUE IN VIOLATION OF CBDT CIRCULAR NO.21/2015 (CITED SUP RA) IS NOT MAINTAINABLE AND HENCE, THE SAME IS DISMISSED AS SUCH MAKING IT CLEA R THAT SINCE THE PRESENT APPEAL HAS NOT BEEN DISPOSED OF ON MERITS, BUT DUE TO THE ABOVE REASON, THIS ORDER WILL NOT HAVE ANY JUDICIAL PRECEDENCE. ACCORDINGLY, THE APPEAL OF THE REVENUE IS DISMISSED AS NON-MAINTAINABLE. 3. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 29 TH JULY 2016. SD/- SD/- (L. P. SAHU) (DIVA SINGH) ACCOUNTANT MEMBER JUDI CIAL MEMBER *AMIT KUMAR* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSIS TANT REGISTRAR ITAT NEW DELHI