ITO, New Delhi V. Sh. Hari Dutt, New Delhi

ITA 3474/DEL/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 6806 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 1 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-07-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2007-2008
• Appeal Filed On: 01-06-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S L ANURAGI
• Assessee Lawyers: SONAM SHARMA
• Keywords: Tax effect
• Section: 68

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES SMC : DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER ITA.NO.3474/DEL./2017 ASSESSMENT YEAR 2007-2008 THE INCOME TAX OFFICER, WARD-50(1), ROOM NO.1408, 14 TH FLOOR, E-2 BLOCK, PRATYAKSH KAR BHAWAN, DR. SHYAMA PRASAD MUKHERJEE CIVIC CENTRE, JAWAHAR LAL NEHRU MARG, MINTO ROAD, NEW DELHI. VS. SHRI HARI DUTT, 172, RAJINDRA BHAWAN, RAJINDRA PLACE NEW DELHI. PAN AIKPD0265E (APPELLANT) (RESPONDENT) FOR REVENUE : SHRI S.L. ANURAGI , SR. D.R. FOR ASSESSEE: MS. SONAM SHARMA, ADVOCATE. DATE OF HEARING : 12 .0 7 .2018 DATE OF PRONOUNCEMENT : 12 .0 7 .2018 ORDER THIS APPEAL BY REVENUE HAS BEEN DIRECTED AGAINST THE ORDER OF THE LD. CIT(A)-17, NEW DELHI, DATED 15.03. 2017, FOR THE A.Y. 2007-2008, CHALLENGING THE DELETION OF ADD ITION OF RS.32,45,620/- UNDER SECTION 68 OF THE I.T. ACT, 19 61. 2 ITA.NO.3474/DEL./2017 SHRI HARI DUTT, NEW DELHI. 2. ADMITTEDLY, THE TAX EFFECT IN THE PRESENT APPEA L IS LESS THAN RS.20 LAKHS. VIDE CIRCULAR NO.3/2018 DATED 11 TH JULY, 2018 ISSUED BY CBDT, IT HAS BEEN DIRECTED THAT THE DEPARTMENT SHALL NOT FILE APPEAL BEFORE THE TRIBUNAL IN CASE W HERE THE TAX EFFECT DOES NOT EXCEED THE MONETARY LIMIT OF RS.20 LAKHS. IT IS ALSO DIRECTED THAT THIS INSTRUCTION WILL APPLY RETR OSPECTIVELY TO PENDING APPEALS AND APPEALS TO BE FILED HENCEFORTH IN TRIBUNALS. PENDING APPEALS BELOW THE SPECIFIED TAX LIMIT MAY B E WITHDRAWN/NOT PRESSED. THE LD. D.R. IN VIEW OF THE BOARDS CIRCULAR ABOVE DID NOT PRESS THE DEPARTMENTAL APPEA L. THE CASE OF THE DEPARTMENT WOULD NOT FALL IN THE EXCEPTIONS PROVIDED IN THE ABOVE BOARD CIRCULAR. IN THE RESULT, THE DEPART MENTAL APPEAL IS NOT MAINTAINABLE AS THE APPEAL IS FILED A GAINST THE BOARD INSTRUCTIONS REFERRED TO ABOVE AND THEREFORE, THE APPEAL OF THE DEPARTMENT IS LIABLE TO BE DISMISSED. 4. IN THE RESULT, APPEAL OF THE DEPARTMENT IS DISM ISSED. 3 ITA.NO.3474/DEL./2017 SHRI HARI DUTT, NEW DELHI. ORDER PRONOUNCED IN THE OPEN COURT. SD/- (BHAVNESH SAINI) JUDICIAL MEMBER DELHI, DATED 12 TH JULY, 2018 VBP/- COPY TO 1. THE APP ELLANT 2. THE RESPONDENT 3. CIT(A) CONCERNED 4. CIT CONCERNED 5. D.R. ITAT SMC BENCH, DELHI 6. GUARD FILE. // BY ORDER // ASSISTANT REGISTRAR : ITAT DELHI BENCHES : DELHI.