DCIT, New Delhi V. M/s. Kohli One Housing & Development (P) Ltd., New Delhi

ITA 3458/DEL/2015

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 7084 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 1 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-07-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2010-2011
• Appeal Filed On: 29-05-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K TEWARI
• Assessee Lawyers: VN MA RWAH
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH G NEW DELHI BEFORE SHRI G.D. AGRAWAL, HONBLE PRESIDEN T AND SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER ITA NO. 3458/DEL/2015 AY: 20 10-11 DCIT, VS M/S KOHLI ONE HOUSING & DEVELOPME NT(P) LTD., CIRCLE 14(2), 3, SHIVAJI MARG, WESTEND MA RG, RANGAPURI, NEW DELHI. NEW DELHI. (APPELLANT) (RESPONDENT) DEPARTMENT BY : SHRI K. TEWARI, SR. DR ASSESSEE BY : SHRI V.N. MARWAH, CA DATE OF HEARING: 16.07.2018 DATE OF PRONOUNCEMENT: 18.07.2018 ORDER PER SUDHANSHU SRIVASTAVA, J.M. THIS APPEAL HAS BEEN PREFERRED BY THE REVENUE AGAI NST THE ORDER OF THE LD. CIT(A)-V, NEW DELHI DATED 12.3.201 5 FOR ASSESSMENT YEAR 2010-11. 2. THE COMPUTATION OF TAX EFFECT HAS BEEN SUBMITT ED ON BEHALF OF THE ASSESSEE AS UNDER:- TAX EFFECT: TAX AS COMPUTED WHILE FILING ITR [A]: RS. 2,47 ,25,598/- TAX ON INCOME ASSESSED U/S 143(3) [B]: RS. 2,48,38, 614/ - TAX EFFECT [B] [A] : RS. 1,13,016/- ITA NO. 3458/DEL/2015 ASSESSMENT YEAR 2010-11 2 2.1 ADMITTEDLY, THE TAX EFFECT IN THIS APPEAL IS BELOW THE MONETARY LIMIT OF RS. 20 LAKHS. 2.2 IN TERMS OF CBDT CIRCULAR NO. 3/2018 DATED 11 TH JULY, 2018 READ WITH SECTION 268 A OF THE INCOME TAX ACT, 1961, THIS APPEAL BY THE REVENUE SHOULD HAVE BEEN WITHDRAWN OR SHOULD NOT HAVE BEEN PRESSED BY THE REVENUE. 3. IN VIEW OF THE ABOVE, THE APPEAL BY THE REVENU E IS DISMISSED IN LIMINE. ORDER PRONOUNCED IN THE OPEN COURT ON 18 TH JULY, 2018. SD/- SD/- (G.D. AGRAWAL) (SUDHANSHU SRIVASTAVA) PRESIDENT JUDICIAL MEMBER DATED: 18 TH JULY, 2018 GS COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT BY ORDER ASSTT. REGISTRAR ITA NO. 3458/DEL/2015 ASSESSMENT YEAR 2010-11 3 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 DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P S/PS DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT DATE ON WHICH THE FILE GOES TO THE BENCH CLERK DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER 1