Appeal details
Counselvise Citation
[2021] 108 COUNSELVISE.COM (IT) 8389 (ITAT-DELHI)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
2 year(s) 10 month(s) 14 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
22-03-2021
Appeal Filed By
Department
Order Result
Dismissed
Bench Allotted
B
Assessment Year
2008-2009
Appeal Filed On
08-05-2018
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH, B: NEW DELHI (THROUGH VIDEO CONFERENCING) BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER ITA NO.3357/DEL/2018 ASSESSMENT YE AR : 2008-09 DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-II, FARIDABAD VS. M/S DAKSH DEVELOPERS PVT. LTD. SHOP NO.E-40, NEHRU GROUND FARIDABAD PAN-AACCD4616N (APPELLANT) (RESPONDENT) APPELLANT BY : MS. NIDHI SRIVASTAVA, CIT - DR RESPONDENT BY : SH. SOMIL AGGARWAL , ADVOCATE DATE OF HEARING : 22.03.2021 DATE OF PRONOUNCEMENT : 22.03.2021 ORDER PER R.K. PANDA, AM : THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE O RDER DATED 27.02.2018 OF THE LEARNED CIT(A)-2, GURGAON, RELATING TO AS SESSMENT YEAR 2008-09. 2. HOWEVER, LD. DEPARTMENTAL REPRESENTATIVE (DR) POINTED O UT THAT THE PRESENT APPEAL IS TO BE WITHDRAWN AS THE TAX EFFECT INVOLV ED IN THE CASE IS BELOW RS.50 LACS. 3. THE CBDT VIDE CIRCULAR NO.17/2019 DATED 08.08.2019 HAS REVISED THE MONETARY LIMIT FOR FILING THE APPEALS BEFORE THE TRIBUNAL TO RS.50 LACS. FURTHER, CBDT VIDE LETTER DATED 20.08.2019 HAS ALSO CLARIFIED THAT CIRCULAR ITA NO.3357/DEL/2018 2 NO.17/2019 WOULD BE APPLICABLE TO ALL PENDING APPEALS. IN SU CH CIRCUMSTANCES, THE PRESENT APPEAL FILED BY THE REVENUE IN CASE OF LOW TAX EFFECT IS NOT MAINTAINABLE. 4. BEFORE PARTING, WE CLARIFY HERE THAT THE REVENUE SHA LL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR RE-INSTITUTION OF APPEA L, IF THE REQUISITE MATERIAL IS BROUGHT TO SHOW THAT THE APPEAL IS PROTECTED BY THE EXCEPTIONS PRESCRIBED IN PARA-10 OF THE CIRCULAR DATED 11.07.2018. 5. IN CONCLUSION, BY APPLYING THE CBDT CIRCULAR DATED 08 .08.2019 AND LETTER DATED 20.08.2019 (SUPRA), THE CAPTIONED APPEAL O F THE REVENUE IS DISMISSED AS WITHDRAWN/NOT PRESSED. 6. IN THE FINAL RESULT, THE APPEAL OF THE REVENUE STANDS DISMISSED. ABOVE DECISION WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF BOTH THE PARTIES ON CONCLUSION OF VIRTUAL HEARING ON 22 ND MARCH, 2021. SD/- SD/- (SUDHANSHU SRIVASTAVA) (R.K. PANDA) JUDICIAL MEMBER ACCOUNTANT MEMBER DELHI/DATED- 22.03.2021 F{X~{T COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT BY ORDER ASSISTANT REGISTRAR, ITAT, DELHI
