DCIT, New Delhi V. M/s. Global Autotech Ltd., New Delhi

ITA 3082/DEL/2015

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 6767 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 1 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-07-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: I
• Assessment Year: 2011-2012
• Appeal Filed On: 15-05-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ARUN KR YADAV
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH: C: NEW DELHI) BEFORE SHRI S.K. YADAV, JUDICIAL MEMBER & SHRI B.R.R. KUMAR, ACCOUNTANT MEMBER ITA NO:- 3082/DEL/2015, ( ASSESSMENT YEAR: 2011-12) DCIT, CIRCLE-10(1), NEW DELHI. VS. M/S GLOBAL AUTOTECH LTD., 83 LGF, WORLD TRADE CENTRE, BARAKHAMBA LANE, CANNAUGHT PLACE, NEW DELHI-110001. PAN NO: AAACG0911B APPELLANT RESPONDENT REVENUE BY : SH. ARUN KR. YADAV, SR. DR ASSESSEE BY : NONE DATE OF HEARING : 02.07.2018. DATE OF PRONOUNCEMENT : 04/07/2018. ORDER PER: B.R. R. KUMAR, AM THE REVENUE HAS FILED AN APPEAL AGAINST THE ORDER OF THE LD. CIT(A)-15, 104, AAYKAR BHAWAN, LAXMI NAGAR, DELHI-110092 DATED 11.0 2.2015, PERTAINING TO ASSESSMENT YEAR 2011-12. 2. ON GOING THROUGH THE APPEAL FILED BY THE REVENUE , IT WAS FOUND THAT THE TAX EFFECT OF THIS CASE IS LESS THAN RS. 10 LACS. 2 ITA NO.-3082/DEL/2015. GLOBAL AUTOTECH LTD. 3. LD. DR HAS FAIRLY CONCEDED THIS FACT AND HENCE K EEPING IN VIEW THAT, UNDER THE POWERS VESTED BY SEC. 268A(1) OF THE I.T. ACT, CBDT HAS RECENTLY ISSUED CIRCULAR NO. 21 OF 2015 DATED 10.12.2015(FNO. 279/MISC. 142/ 2007-ITJ(PT) INSTRUCTING THE AUTHORITIES BELOW DEPARTMENTAL APPE AL SHOULD NOT BE FILED BEFORE ITAT WHERE THE DEMAND/TAX EFFECT DOES NOT EX CEED RS.10 LACS. THE CIRCULAR IS SPECIFICALLY MENTIONED TO BE APPLICABLE FOR ALL PENDING APPEALS. 4. SUBJECT TO SOME EXCEPTIONS, IT IS FURTHER DIREC TED BY CBDT THAT ALL THE DEPARTMENTAL APPEALS PENDING BEFORE ITAT WHERE THE DEMAND/TAX EFFECT IS LESS THAN 10 LACS SHOULD BE EITHER WITHDRAWN OR NOT PRESSED BY T HE DEPARTMENTAL REPRESENTATIVES. 5. THE PRESENT APPEAL IS NOT COVERED BY ANY EXCEPT IONS MENTIONED IN THE SAID CBDT CIRCULAR. SINCE THE TAX DEMAND IN DISPUTE IN THIS D EPARTMENTAL APPEAL IS BELOW THE LIMIT SET OUT BY CBDT FOR THE APPEAL THE SAME IS NOT MAIN TAINABLE IN VIEW OF FORE GOINGS. ACCORDINGLY THE APPEAL OF THE DEPARTMENT IS DISMISS ED AS NOT PRESSED/WITHDRAWN. 6. IN THE RESULT, APPEAL OF REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 04/7/2018 SD/- SD/- (S.K. YADAV) (B.R.R. KUMAR) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 04.07.2018 POOJA/- 3 ITA NO.-3082/DEL/2015. GLOBAL AUTOTECH LTD. COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI 4 ITA NO.-3082/DEL/2015. GLOBAL AUTOTECH LTD. DATE OF DICTATION 3/7/2018 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 3/7/2018 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. PS/PS 3/7/2018 DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT 3/7/2018 DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/PS 4/7/2018 DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 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