ITO, New Delhi V. M/s. Ishan Pipes Mfg.Co. (P) Ltd, New Delhi

ITA 3481/DEL/2009

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 6673 (ITAT-DELHI)
• Duration Of Justice: 8 year(s) 11 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-07-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 25-05-2017
• Assessment Year: 2004-2005
• Appeal Filed On: 06-08-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: S KRISHNAN
• Keywords: Retrospective amendment; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCHES: C: NEW DELHI BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI JOGINDER SINGH, JUDICIAL MEMBER ITA NO.3481/DEL/2009 ASSESSMENT YEAR: 2004-05 ITO, WARD 11(4), NEW DELHI VS. M/S ISHAN PIPES MFG. CO. P. LTD., D-11, POLO ROAD, OLD GUPTA COLONY, DELHI 110009. PAN: AAACI2424H CO NO.249/DEL/2010 (ITA NO.3481/DEL/2009) ASSESSMENT YEAR: 2004-05 M/S ISHAN PIPES MFG. CO. P. LTD., D-11, POLO ROAD, OLD GUPTA COLONY, DELHI 110009. PAN: AAACI2424H VS. ITO, WARD 11(4), NEW DELHI (APPELLANT) (RESPONDENT) DEPARTMENT BY : SHRI S. KRISHNAN, ADVOCATE DEPARTMENT BY : SHRI ARUN KUMAR YADAV, SR. DR DATE OF HEARING : 30.07.2018 DATE OF PRONOUNCEMENT : 30.07.2018 2 ITA NO.3481/DEL/2009 CO NO.249/DEL/2010 ORDER PER BENCH : THE PRESENT APPEAL BY THE REVENUE AND THE CROSS OB JECTION FILED BY THE ASSESSEE ARE DIRECTED AGAINST THE ORDE R OF LEARNED CIT(A), DATED 12.05.2009 IN RELATION TO THE ASSESSMENT YEAR 2004-05. 2. DURING THE COURSE OF HEARING, THE LD. AR SUBMITT ED THAT PURSUANT TO THE MANDATE OF SECTION 268A THE CBDT HA S ISSUED CIRCULAR NO. 03 OF 2018, DATED 11TH JULY, 2018 WITH RETROSPECTIVE EFFECT, REVISING THE MONETARY LIMIT TO RS.20,00,000 /- FOR NOT FILING APPEALS BEFORE THE TRIBUNAL. HE FURTHER SUBMITTED THAT AS THE TAX EFFECT INVOLVED IN THE INSTANT APPEAL IS LESS THAN RS.20,00,000/-, THE EXTANT APPEAL IS NOT MAINTAINAB LE. THE LD. D.R., ALTHOUGH SUPPORTED THE ORDER OF THE ASSES SING OFFICER, BUT COULD NOT CONTROVERT THE FACT THAT TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.20,00,000/- . 3. WE HAVE HEARD THE PARTIES AND PERUSED THE RELEVA NT MATERIAL ON RECORD. GOING BY THE PRESCRIPTION OF TH E AFORENOTED CIRCULAR, IT IS PALPABLE THAT THE INSTRU CTION IS APPLICABLE TO THE PENDING APPEALS ALSO WITH RETROSPECTIVE EFFE CT AND THERE IS A 3 ITA NO.3481/DEL/2009 CO NO.249/DEL/2010 CLEAR-CUT DIRECTION TO THE DEPARTMENT TO WITHDRAW O R NOT PRESS SUCH APPEALS FILED BEFORE THE ITAT, WHEREIN TAX EFFECT I S LESS THAN RS.20,00,000/-. WE ARE, THEREFORE, OF THE VIEW THAT THE REVENUE SHOULD HAVE EITHER NOT FILED THE INSTANT APPEAL BEF ORE THE TRIBUNAL OR WITHDRAWN THE SAME AS THE TAX EFFECT IN THIS APPEAL IS ADMITTEDLY LESS THAN THE PRESCRIBED LIMIT, I.E., RS. 20,00,000/- FO R NOT FILING THE APPEAL. ACCORDINGLY, WE DISMISS THE INSTANT APPEAL WITHOUT GOING INTO MERITS OF THE CASE. HOWEVER, THE DEPARTMENT IS AT LIBERTY TO FILE THE MISCELLANEOUS APPLICATION, IF THE TAX EFFECT IS FOU ND TO BE MORE THAN THE PRESCRIBED LIMIT OF RS.20,00,000/- OR OTHERWISE . ACCORDINGLY, THE APPEAL OF THE REVENUE STANDS DISMISSED. 4. SINCE THE APPEAL OF THE REVENUE HAS BEEN DISMISS ED THE CROSS OBJECTION OF THE ASSESSEE BECOMES INFRUCTUOUS AND T HE SAME IS DISMISSED AS SUCH. 4 ITA NO.3481/DEL/2009 CO NO.249/DEL/2010 5. IN THE RESULT, BOTH THE APPEAL AS WELL AS THE CR OSS OBJECTION ARE DISMISSED. THE ORDER PRONOUNCED IN THE OPEN COURT ON 30.07.201 8. SD/- SD/- [JOGINDER SINGH] [R.S. SYAL] JUDICIAL MEMBER VICE PRESIDENT DATED, 30 TH JULY, 2018. DK COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR, ITAT AR, ITAT, NEW DELHI.