ACIT, New Delhi V. Sh. Krishan Kant Sharma, Delhi

ITA 3185/DEL/2017

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 4633 (ITAT-DELHI)
• Duration Of Justice: 3 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-09-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2007-2008
• Appeal Filed On: 19-05-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANCHAL KHANDELWAL
• Assessee Lawyers: RAJIV KUMAR BINDAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : SMC : NEW DELHI BEFORE SHRI R.S. SYAL, VICE PRESIDENT ITA NO.3185/DEL/2017 ASSESSMENT YEAR : 2007-08 ACIT CIRCLE 65(1), NEW DELHI. VS. KRISHAN KANT SHARMA, D-5, UNESCO APARTMENTS, PLOT NO.55, IP EXTENSION, DELHI. PAN : AANPS0549R (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI RAJIV KUMAR BINDAL, CA DEPARTMENT BY : SHRI ANCHAL KHANDELWAL, SR. DR DATE OF HEARING : 12.09.2017 DATE OF PRONOUNCEMENT : 12.09.2017 ORDER THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAIN ST THE ORDER PASSED BY THE CIT(A) ON 15.02.2017 IN RELATION TO T HE ASSESSMENT YEAR 2007-08. ITA NO.3185/DEL/2017 2 2. DURING THE COURSE OF HEARING, THE LD. AR SUBMITT ED THAT PURSUANT TO THE MANDATE OF SECTION 268A, THE CBDT H AS ISSUED CIRCULAR NO. 21 OF 2015 DATED 10.12.2015 WITH RETRO SPECTIVE EFFECT, REVISING THE MONETARY LIMIT TO RS.10,00,000 /- FOR NOT FILING APPEALS BEFORE THE TRIBUNAL. HE FURTHER SUB MITTED THAT AS THE TAX EFFECT INVOLVED IN THE INSTANT APPEAL IS LESS THAN RS.10,00,000/-, THE EXTANT APPEAL IS NOT MAINTAINAB LE. THE LD. D.R., ALTHOUGH SUPPORTED THE ORDER OF THE ASSESSING OFFICER, BUT COULD NOT CONTROVERT THE FACT THAT TAX EFFECT I NVOLVED IN THIS APPEAL IS LESS THAN RS.10,00,000/-. 3. I HAVE HEARD THE PARTIES AND PERUSED THE RELEVAN T MATERIAL ON RECORD. GOING BY THE PRESCRIPTION OF THE AFORENO TED CIRCULAR, I AM OF THE VIEW THAT THE REVENUE SHOULD HAVE EITHER NOT FILED THE INSTANT APPEAL BEFORE THE TRIBUNAL OR WITHDRAWN THE SAME AS THE TAX EFFECT IN THIS APPEAL IS ADMITT EDLY LESS THAN THE PRESCRIBED LIMIT FOR NOT FILING THE APPEALS. F ROM PARA 10 OF THE ABOVE CIRCULAR IT IS PALPABLE THAT THE INSTRUCT ION IS ITA NO.3185/DEL/2017 3 APPLICABLE TO THE PENDING APPEALS ALSO WITH RETROSP ECTIVE EFFECT AND THERE IS A CLEAR-CUT DIRECTION TO THE DEPARTMEN T TO WITHDRAW OR NOT PRESS SUCH APPEALS FILED BEFORE THE ITAT WHEREIN TAX EFFECT IS LESS THAN RS.10,00,000/-. EX CONSEQEUNTI I DISMISS THE INSTANT APPEAL WITHOUT GOING INTO MER ITS OF THE CASE. 4. IN THE RESULT, THE APPEAL OF THE REVENUE STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 12.09.2017. SD/- [R.S. SYAL] VICE PRESIDENT DATED, 12 TH SEPTEMBER, 2017. DK COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR, ITAT AR, ITAT, NEW DELHI.