ACIT, New Delhi V. Sh. Hem Chand Gupta, Delhi

ITA 3446/DEL/2016

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 8149 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 10 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-04-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2011-2012
• Appeal Filed On: 10-06-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: LALIT KUMAR
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL , DELHI BENCH F , NEW DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER, AND SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER ITA NO. 344 6 /DEL/201 6 [ ASSESSMENT YEAR: 20 11 - 12] THE A .C. I . T . VS. CIRCLE 55( 1 ) NEW DELHI SHRI HEM CHAND GUPTA 1/429/15, GALI NO. 1 FRIENDS COLONY, G.T. ROAD , SHAHDARA, DELHI PAN NO. AALPH 2688 Q (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI SURENDRA PAL , SR. DR RESPONDENT BY : SHRI LALIT KUMAR, CA ORDER PER N. K. BILLAIYA, A CCOUNTANT M EMBER : TH IS APPEA L BY THE REVENUE IS PREFERRED AGAINST THE ORDER OF THE LD. CIT(A) 19 , NEW DELHI DATED 07 .0 3 .20 1 6 PERTAINING TO A.Y 20 11 - 12 . 2. THE LD. COUNSEL FOR THE ASSESSEE HAS FILED AN APPLICATION DATED 16.4.2019 SEEKING ADJOURNMENT. HOWEVER, WE FIND THAT T HE GRI EVANCE OF THE REVENUE ITSELF SHOWS THAT THE TAX EFFECT IS LESS THAN RS. 20 LAKHS. DATE OF HEARING: 16 /0 4 /2019 DATE OF PRONOUNCEMENT: 16 /0 4 /2019 2 THIS APPEAL BY THE REVENUE HAS TO BE DISMISSED IN THE LIGHT OF THE CBDT CIRCULAR NO. 3/2018 DATED 11.07.2018 BY WHICH THE BOARD HAS REVISED THE MONETARY LIMIT FOR FILING OF A PPEALS BY THE DEPARTMENT BEFORE THE ITAT AND THE MONETARY LIMIT HAS BEEN FIXED AT RS. 20 LAKHS. THE BOARD AT CLAUSE 13 OF THE SAID CIRCULAR HAS CLARIFIED AS UNDER: THIS CIRCULAR WILL APPLY TO SLPS/APPEALS/CROSS OBJECTIONS/REFERENCES TO BE FILED HENCEFOR TH IN SUPREME COURT/HIGH COURT/TRIBUNAL AND IT SHALL ALSO APPLY RETROSPECTIVELY TO PENDING SLPS/APPEALS/CROSS OBJECTIONS/ REFERENCES. THE PENDING APPEALS BELOW THE SPECIFIED TAX LIMIT IN PARA 3 ABOVE MAY BE WITHDRAWN/NOT PRESSED. 4. IN THE LIGHT OF THE A FORESAID CBDT CIRCULAR, THE APPEAL FILED BY THE REVENUE IS DISMISSED. 5 . IN THE RESULT, THE APPEAL OF THE REVENUE IN ITA NO. 3446 / DEL/201 6 IS DISMISSED. ORDER PRONOU NCED IN THE OPEN COURT ON 16 .0 4 .2019. SD/ - SD/ - ( BHAVNESH SAINI ) ( N. K. BILLAIYA ) JUDICIAL MEMBER A CCOUNTANT M EMBER D ATE D : 16 . 0 4 .201 9 VL 3 COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(APPEALS) 5 . DR, ITAT A SSISTANT REGISTRAR ITAT , NEW DELHI DATE OF DICTATION DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.PS/PS DA TE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/ PS DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT DATE ON WHICH THE FILE GOES TO THE BENCH CL ERK DATE ON WHICH FILE GOES TO THE HEAD CLERK. THE DATE ON WHICH FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER