DCIT, New Delhi V. M/s. Bodhi Properties Pvt. Ltd., New Delhi

ITA 3401/DEL/2014

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 3547 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 10 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-04-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC 1
• Next Hearing Date: 20-04-2017
• Assessment Year: 2006-2007
• Appeal Filed On: 03-06-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAVI JAIN
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: A NEW DELHI BEFORE SHRI G.D. AGRAWAL, HONBLE PRESIDEN T & SHRI K.N. CHARRY, JUDICIAL MEMBER ITA NO.-3401/DEL/2014 ( ASSESSMENT YEAR: 2006-07) DCIT CENTRAL CIRCLE 17 NEW DELHI. VS BODHI PROPERTIES PVT. LTD. M-78/A, BASEMENT, MALVIYA NAGAR NEW DELHI. AACCB1006C ASSESSEE BY NONE REVENUE BY SH. RAVI JAIN, CIT DR ORDER PER SHRI G.D. AGRAWAL, HONBLE PRESIDENT THIS IS AN APPEAL CHALLENGING THE ORDER DATED 25.03 .2014 IN APPEAL NO. 245/2010-11 BY THE CIT (A)-II, NEW DELHI . 2. AT THE OUTSET, LEARNED AR BROUGHT TO OUR NOTICE THAT THE QUANTUM INVOLVED IN THIS CASE IS RS. 7,38,616/- AND TAX EFFECT ON THE DISPUTED ADDITION BEFORE US IS LESS THAN RS. 10 LACS SQUARELY FALLING WITH THE AMBIT OF CIRCULAR NO. 21 / 2015 DA TED 10.12.2015 DATE OF HEARING 20.04.2017 DATE OF PRONOUNCEMENT 20.04.2017 2 ITA NO.3401/DEL/2014 PRESCRIBING THE TAX EFFECT FOR PREFERRING APPEALS B EFORE TRIBUNAL BY THE REVENUE. . 3. AFTER PERUSING THE MATERIALS AVAILABLE ON RECOR D, WE FIND THAT THE ADDITIONS DISPUTED BEFORE US IS BELOW THE TAX E FFECT LIMIT PRESCRIBED BY CBDT VIDE CIRCULAR NO. 21 / 2015 DAT ED 10.12.2015 FOR PREFERRING APPEALS BEFORE TRIBUNAL B Y THE REVENUE. ON PERUSAL OF THE CIRCULAR NO. 21 / 2015 DATED 10.1 2.2015 AND THE MATERIALS AVAILABLE ON RECORD, LD. DR COULD NOT POINT OUT WHETHER THIS CASE FALLS UNDER ANY OF THE EXCEPTION AS PROVIDED IN THE CIRCULAR DESPITE SPECIFIC OPPORTUNITY WAS GIVEN , DOES NOT FALL UNDER ANY OF THE EXCEPTIONS CONTEMPLATED IN THE SAI D CIRCULAR, AS THIS IS COVERED. WE ALSO FIND THAT THE CIRCULAR MA KES IT VERY CLEAR THAT THE REVISED MONETARY LIMITS SHALL APPLY RETROS PECTIVELY TO PENDING APPEALS ALSO. WE FIND THAT THE CIRCULAR IS BINDING ON THE TAX AUTHORITIES. THIS POSITION HAS BEEN CONFIRMED B Y THE HONBLE APEX COURT IN THE CASE OF COMMISSIONER OF CUSTOMS V S INDIAN OIL CORPORATION LTD REPORTED IN 267 ITR 272 (SC). HENCE, WE HOLD THAT THE APPEAL OF THE REVENUE DESERVES TO BE DISMISSED IN TERMS OF LOW TAX EFFECT VIDE CIRCULAR NO.21 / 2015 DATED 10.12.2 015. ACCORDINGLY, THIS BEING A LOW TAX EFFECT CASE, WE D ISMISS THIS APPEAL 3 ITA NO.3401/DEL/2014 OF REVENUE IN LIMINE, AS UNADMITTED, WITHOUT GOING INTO THE MERITS OF THE CASE. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 20.04.2017 SD/- SD/- (K. NARSIMHA CHARRY) (G.D. AGRAWAL) JUDICIAL MEMBER PRESIDENT DATED: 20.04.2017 *KAVITA ARORA COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT TRUE COPY ASSISTANT REGISTRAR ITAT NEW DELHI 4 ITA NO.3401/DEL/2014 DRAFT DICTATED ON 20.04.2017 DRAFT PLACED BEFORE AUTHOR 20.04.2017 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. APPROVED DRAFT COMES TO THE SR.PS/PS 20.04.2017 KEPT FOR PRONOUNCEMENT ON 20.04.2017 FILE SENT TO THE BENCH CLERK 21.04.2017 DATE ON WHICH FILE GOES TO THE AR DATE ON WHICH FILE GOES TO THE HEAD CLERK. DATE OF DISPATCH OF ORDER.