ITO, ward- 20(3), New Delhi V. RMP Holdings (P) Ltd., New Delhi

ITA 3412/DEL/2018

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 9906 (ITAT-DELHI)
• Duration Of Justice: 4 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-09-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 09-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

INCOME TAX APPELLATE TRIBUNAL DELHI BENCH SMC: NEW DELHI BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER ITA NOS. 3411, 3412/DEL/2018 ASSTT. YEARS 2008-09, 2009-10 O R D E R THESE APPEALS ARE FILED BY THE REVENUE DIRECTED AGAINST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS) 38, DELHI DATED 28.12.2017 PERTAINING TO THE ASSESSMENT YEARS 2008-09, 2009-10. 2. DURING THE COURSE OF HEARING, THE LD. DR ALTHOUGH SUPPORTED THE ORDER OF THE AO, BUT COULD NOT CONTROVERT THE FACT THAT TAX EFFECT INVOLVED IN THESE APPEALS IS LESS THAN RS. 20,00,000/-. THE LD. COUNSEL APPEARING FOR THE ASSESSEE ON THE OTHER HAND CONTENDED THAT THE PRESENT APPEALS OF THE REVENUE ARE NOT MAINTAINABLE IN VIEW OF RECENT CIRCULAR OF CBDT NO. 3/2018 DATED 11TH JULY, 2018, WHEREBY THE MONETARY LIMIT OF TAX EFFECT FOR NOT FILING APPEALS BEFORE THE ITO, WARD - 20(3), NEW DELHI. VS. M/S. RMP HOLDINGS (P) LTD. 138-C, BLOCK-B, GROUP-4, DILSHAD GARDEN, NEW DELHI 110 095 (APPELLANT) (RESPONDENT) DEPARTMENT BY: SHRI SURESH KUMAR GUPTA, ADVOCATE ASSESSEE BY : SHRI SURENDRA PAL, SR. DR DATE OF HEARING 24/09 /201 8 DATE OF PRONOUNCEMENT 24/09/2018 2 TRIBUNAL HAS BEEN REVISED TO RS. 20,00,000/-. THE DISPUTED AMOUNT INVOLVED IS RS. 47,00,000/- WHICH IS BELOW RS. 20 LACS. 3. HAVING CONSIDERED THE RIVAL SUBMISSIONS AND THE MATERIAL AVAILABLE ON RECORD, INCLUDING THE ABOVE CIRCULAR, I FIND THAT THE ABOVE CIRCULAR OF CBDT ON PECUNIARY LIMIT HAS BEEN ISSUED IN SUPERSESSION OF EARLIER CBDT CIRCULAR NO. 21 OF 2015 DATED 10.12.2015, REVISING THE MONETARY LIMIT OF TAX EFFECT FROM RS. 10,00,000/- TO RS. 20,00,000/-. THESE INSTRUCTIONS OF CBDT HAVE NOW STATUTORY FORCE WITHIN THE PROVISIONS OF SECTION 268A AND ARE MADE APPLICABLE TO THE PENDING APPEALS ALSO BY VIRTUE OF PARA 13 OF THE CIRCULAR. 4. THIS CIRCULAR CONTAINS CLEAR INSTRUCTIONS TO THE DEPARTMENT TO WITHDRAW OR NOT TO PRESS SUCH APPEALS FILED BEFORE THE ITAT WHEREIN TAX EFFECT INVOLVED DOES NOT EXCEED RS. 20,00,000/-. IT IS NOT THE CASE OF THE REVENUE THAT THE PRESENT APPEAL COMES WITHIN THE SWEEP OF EXCLUSION CLAUSES AS GIVEN IN PARA NO. 10 & 11 OF THE SAID CIRCULAR. THUS, GOING BY THE PRESCRIPTION OF THE AFORE-NOTED CBDT INSTRUCTIONS, AND WITHOUT GOING INTO MERITS OF THE CASE, WE DISMISS THE INSTANT APPEALS FILED BY THE REVENUE, BEING NOT MAINTAINABLE, AS THE TAX EFFECT INVOLVED IN THESE APPEALS IS LESS THAN RS. 20.00 LACS. 5. IN THE RESULT, THE APPEALS OF THE REVENUE STAND DISMISSED AS INDICATED ABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON 24 TH SEPTEMBER, 2018. SD/- (AMIT SHUKLA) JUDICIAL MEMBER DATED: 24/09/2018 3 VEENA COPY FORWARDED TO 1. APPLICANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI