ACIT, New Delhi V. M/s. Frick India Ltd., New Delhi

ITA 3200/DEL/2016

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 6826 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 1 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-07-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 01-06-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Retrospective amendment; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : B , NEW DELHI BEFORE SH. H.S. SIDHU , JUDICIAL M EMBER AND SH. T.S. KAPOOR , ACCOUNTANT MEMBER ITA NO .3200 /DE L/ 2016 ASSESSMENT YEAR: 2012 - 13 ACIT, CIRCLE - 9(2), ROOM NO. 404, C.R. BUILDING, I.P. ESTATE, NEW DELHI VS. M/S. FRICK INDIA LTD., 809, SURYA KIRAN BUILDING, 19, KASTURBA GANDHI MARG, NEW DELHI PAN : AAACF0410C ( APPELLANT ) (RESPONDENT) ORDER PER T.S. KAPOOR , A. M. : THE PRESENT APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF LEARNED COMMISSIONER OF INCOME TAX (APPEALS) - 3, DELHI, DATED 18.03.2016 IN RELATION TO ASSESSMENT YEAR 2014 - 15. 2. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE RELEVANT MATERIAL ON RECO RD. IT IS NOTICED THAT THE CBDT HAS ISSUED CIRCULAR NO. 03 OF 2018 , DATED 11 TH JULY, 2018 WITH RETROSPECTIVE EFFECT, REVISING THE MONETARY LIMIT TO RS.20,00,000/ - FOR NOT FILING APPEALS BEFORE THE TRIBUNAL. LEARNED DR COULD NOT CONTROVERT THE FACT THAT TAX EFFECT INVOLVED IN THE APPEAL IS LESS THAN RS.20,00,000/ - . 3. FROM THE ABOVE CIRCULAR, IT IS PALPABLE THAT THE INSTRUCTION IS APPLICABLE TO THE PENDING APPEALS ALSO WITH RETROSPECTIVE EFFECT AND THERE IS A CLEAR - CUT DIRECTION TO THE DEPARTMENT TO WITHD RAW OR NOT PRESS SUCH APPEALS FILED BEFORE THE ITAT, WHEREIN TAX EFFECT APPELLANT BY SH. VIJAY KR. JIWANI, SR.DR RESPONDENT BY S/SH. TARANDEEP SINGH & SHUBHAM GUPTA, ADVOCATES. DATE OF HEARING 16.07.2018 DATE OF PRONOUNCEMENT 17.07.2018 2 ITA NO. 3200/DEL/2016 IS LESS THAN RS.20,00,000/ - . GOING BY THE PRESCRIPTION OF THE AFORE - NOTED CIRCULAR, WE ARE OF THE VIEW THAT THE REVENUE SHOULD HAVE EITHER NOT FILED THE INSTANT APPEAL BEFORE THE TRIBU NAL OR WITHDRAWN THE SAME AS THE TAX EFFECT IN THIS APPEAL IS ADMITTEDLY LESS THAN THE PRESCRIBED LIMIT, I.E., RS. 2 0,00,000/ - FOR NOT FILING THE APPEAL. ACCORDINGLY , WE DISMISS THE INSTANT APPEAL W ITHOUT GOING INTO MERITS OF THE CASE. HOWEVER, THE DEPARTM ENT IS AT LIBERTY TO FILE THE MISCELLANEOUS APPLICATION, IF THE TAX EFFECT IS FOUND TO BE MORE THA N THE PRESCRIBED LIMITED OF RS.2 0 ,00,000/ - OR OTHERWISE. ACCORDINGLY, THE APPEAL OF THE REVENUE STANDS DISMISSED. 6. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. THE DECISION IS PRONOUN CED IN THE OPEN COURT ON 1 7 T H JULY , 201 8 . S D / - S D / - ( H.S. SIDH U ) ( T.S. KAPOOR ) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 1 7 T H JULY , 201 8 . RK / - COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(A) 5 . DR ASST. REGISTRAR, ITAT, NEW DELHI