ITO, New Delhi V. M/s. Hi Life Exports (P) Ltd., New Delhi

ITA 3060/DEL/2016

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 1202 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 9 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-03-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2007-2008
• Appeal Filed On: 27-05-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SURENDER PAL
• Assessee Lawyers: SAMEER MALHOTRA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH: F, NEW DELHI) BEFORE SHRI H. S. SIDHU, JUDICIAL MEMBER AND SH. N. K. BILLAIYA, ACCOUNTANT MEMBER ITA NO:-3060/DEL/2016 ( ASSESSMENT YEAR: 2007-08) ITO COY. WARD 11(3) ROOM NO. 420D C. R. BUILDING NEW DELHI VS. HI LIFE EXPORTS (P) LTD. WARD 191, A, EKTA MARG, WESTERN AVENUE, SAINIK FARMS, NEW DELHI -110062 PAN NO. AAACH7962 APPELLANT RESPONDENT REVENUE BY : SH. SURENDER PAL, SR DR ASSESSEE BY : SH. SAMEER MALHOTRA, ADVOCATE DATE OF HEARING : 18.03.2019 DATE OF PRONOUNCEMENT : 18.03.2019 ORDER PER: N. K. BILLAIYA, AM THIS APPEAL BY THE REVENUE IS PREFERRED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX [APPEALS]-4, NEW DELHI, DATED 08.03.2 016 FOR ASSESSMENT YEAR 2007-08. 2. THIS APPEAL BY THE REVENUE HAS TO BE DISMISSED I N THE LIGHT OF THE CBDT CIRCULAR NO.3/2018 DATED 11.07.2018 BY WHICH BOARD HAS REVIS ED THE MONETARY LIMIT FOR FILING OF APPEALS BY THE DEPARTMENT BEFORE THE ITAT AND THE M ONETARY LIMIT HAS BEEN FIXED AT RS.20 LAKHS. THE BOARD AT CLAUSE 13 OF THE SAID CI RCULAR HAS CLARIFIED AS UNDER :- 2 ITA NO.-3060/DEL/2016 THIS CIRCULAR WILL APPLY TO SLPS/ APPEALS/ CROSS O BJECTIONS/ REFERENCES TO BE FILED HENCEFORTH IN SUPREME COURT/ HIGH COURT/ TRIBUNAL A ND IT SHALL ALSO APPLY RETROSPECTIVELY TO PENDING SLPS/APPEALS/CROSS OBJEC TIONS/REFERENCES. THE PENDING APPEALS BELOW THE SPECIFIED TAX LIMIT IN PARA 3 ABO VE MAY BE WITHDRAWN/ NOT PRESSED. HOWEVER, IT IS OBSERVED THAT IN CASE ON RE-VERIFICATION AT THE END OF THE ASSESSING OFFICER IT CAN BE DEMONSTRATED THAT THE T AX EFFECT IS MORE, OR REVENUES CASE FALLS WITHIN THE AMBIT OF EXCEPTIONS PROVIDED IN THE CIRCULAR, THEN THE DEPARTMENT WILL BE AT LIBERTY TO APPROACH THE TRIBU NAL FOR RECALL OF THIS ORDER RELATABLE TO SUCH CASES. SUCH APPLICATION SHOULD BE FILED WITHIN THE TIME PERIOD PRESCRIBED IN THE ACT. 3. IN THE LIGHT OF THE AFORESAID CBDT CIRCULAR, THE APPEAL FILED BY THE REVENUE IS DISMISSED. 4. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSE D. ORDER PRONOUNCED IN THE OPEN COURT ON 18.03.2019. SD/- SD/- (H. S. SIDHU) (N.K.BILLAIYA) JUDICIAL MEMBER ACCOUN TANT MEMBER DATED: 18.03.2019 NEHA/- COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI 3 ITA NO.-3060/DEL/2016 DATE OF DICTATION 18.03.2019 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 18.03.2019 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER 18.03.2019 DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. PS/PS 18.03.2019 DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT 18.03.2019 DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/PS 18.03.2019 DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT 18.03.2019 DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 18.03.2019 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER