ITO, Ward- 1(5), Noida V. Jaganpal, Noida

ITA 3507/DEL/2018

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 4358 (ITAT-DELHI)
• Duration Of Justice: 5 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-10-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 11-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AGAINST IMPUGNED PASSED
• Keywords: Retrospective amendment; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: SMC, NEW DELHI BEFORE SH. H.S. SIDHU, JUDICIAL MEMBER ITA NO. 3507/DEL/2018 ASSESSMENT YEAR: 2009-10 INCOME TAX OFFICER, WARD 1(5), A-2D, AAYAKAR BHAWAN, SECTOR-24, NOIDA-201301 (UP) VS. SHRI JANGANPAL S/O SH. RAM SINGH, VILLAGE: SORKHA ZAHIDABAD, DISTT. GAUTAM BUDH NAGAR, C-39, SECTOR-49, NOIDA (PAN: ALDPJ8826H) ( APPELLANT ) (RESPONDENT) ORDER THIS APPEAL BY THE REVENUE AGAINST THE IMPUGNED ORDER PASSED BY THE LD. CIT(A)-I, NEW DELHI IN RELATION TO ASSESSME NT YEAR 2009-10. 2. THE LEARNED DR SUPPORTED THE ORDER OF THE ASSESS ING OFFICER, BUT COULD NOT CONTROVERT THE FACT THAT THE TAX EFFECT INVOLVE D IN THIS APPEAL IS LESS THAN RS.20,00,000/-. 3. I HAVE HEARD BOTH THE PARTIES PERUSED THE RELEV ANT MATERIAL ON RECORD. IT IS NOTICED THAT RECENTLY THE CBDT HAS ISSUED CIR CULAR NO. 03 OF 2018, DATED 11TH JULY, 2018 WITH RETROSPECTIVE EFFECT, RE VISING THE MONETARY LIMIT TO RS.20,00,000/- FOR NOT FILING APPEALS BEFORE THE TRIBUNAL. 4. FROM THE AFORE-NOTED CIRCULAR, IT IS PALPABLE TH AT THE INSTRUCTION IS APPLICABLE TO THE PENDING APPEALS ALSO WITH RETROSP ECTIVE EFFECT AND THERE IS A CLEAR-CUT DIRECTION TO THE DEPARTMENT TO WITHDRAW O R NOT PRESS SUCH APPEAL FILED BEFORE THE ITAT, WHEREIN TAX EFFECT IS LESS T HAN RS.20,00,000/-. GOING BY THE PRESCRIPTION OF THE AFORE-NOTED CIRCULAR, WE ARE OF THE VIEW THAT THE REVENUE SHOULD HAVE EITHER NOT FILED THE INSTANT AP PEAL BEFORE THE TRIBUNAL OR WITHDRAWN THE SAME AS THE TAX EFFECT IN THIS APP EAL IS ADMITTEDLY LESS THAN THE PRESCRIBED LIMIT, I.E., RS. 20,00,000/- FOR NOT FILING THE APPEAL BEFORE THE TRIBUNAL. ACCORDINGLY, I DISMISS THE INSTANT APPEA L FILED BY THE REVENUE DEPARTMENT BY SH. B.S. ANANT, SR. DR ASSESSEE BY SH. JAGANPAL, ASSESSEE 2 WITHOUT GOING INTO MERITS OF THE CASE. HOWEVER, THE DEPARTMENT IS AT LIBERTY TO FILE MISCELLANEOUS APPLICATION, IF THE TAX EFFEC T IS FOUND TO BE MORE THAN THE PRESCRIBED LIMITED OF RS.20,00,000/- OR OTHERWI SE. ACCORDINGLY, THE APPEAL OF THE REVENUE STANDS DISMISSED. 5. IN THE RESULT, THE APPEAL OF THE REVENUE STANDS DISMISSED. THE DECISION IS PRONOUNCED ON 31 ST OCTOBER, 2018. (H.S. SIDHU) JUDICIAL MEMBER DATED: 31 ST OCTOBER, 2018. SRBHATNAGAR COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ASST. REGISTRAR, ITAT, NEW DELHI 3