ITO, WARD- 2(5), NOIDA V. VISHAMBHARI, DADRI

ITA 3530/DEL/2018

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 5370 (ITAT-DELHI)
• Duration Of Justice: 5 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-10-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2008-2009
• Appeal Filed On: 11-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DR ANJULA JAIN
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES SMC : DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER ITA.NO.3530/DEL./2018 ASSESSMENT YEAR 2008-2009 THE INCOME TAX OFFICER, WARD-2(5), ROOM NO.407, 4 TH FLOOR, AAYAKAR BHAVAN, A-2D, SECTOR-24, NOIDA 201 301 (U.P.) VS. SMT. VISHAMBHARI, W/O. SHRI MANOHAR SINGH, VILLAGE RANAULI LATIFPUR, DADRI, GAUTAM BUDH NAGAR. PAN ATMPV1125C (APPELLANT) (RESPONDENT) FOR REVENUE : DR. ANJULA JAIN, SR. D.R. FOR ASSESSEE : - NONE - DATE OF HEARING : 18 . 1 0.2018 DATE OF PRONOUNCEMENT : 18 . 10 .2018 ORDER THIS APPEAL BY REVENUE HAS BEEN DIRECTED AGAINST THE ORDER OF THE LD. CIT(A)-1, NOIDA, DATED 29.09.2017, FOR THE A.Y. 2008-2009. 2. IN THIS CASE, A.O. COMPUTED THE NET TAXABLE INCOME OF ASSESSEE AT RS.28,09,210/- ON ACCOUNT OF LONG TERM CAPITAL GAINS. THE LD. CIT(A) QUASHED THE RE-ASSESSMENT ORDER FOR NON ISSUANCE OF NOTICE UNDER SECTION 143(2) OF THE I.T. ACT, 1961. 2 ITA.NO.3530/DEL./2018 SMT. VISHAMBHARI, VILLAGE RANAULI LATIFPUR, DADRI, GAUTAM BUDH NAGAR. 2. I HAVE HEARD THE LEARNED D.R. ADMITTEDLY, THE TAX EFFECT IN THE DEPARTMENTAL APPEAL IS LESS THAN RS.20 LAKHS. VIDE CIRCULAR NO. 3 OF 2018 DATED 11.07.2018 ISSUED BY CBDT UNDER SECTION 268A OF THE I.T. ACT, IT HAS BEEN DIRECTED THAT DEPARTMENT SHALL NOT FILE APPEAL BEFORE THE TRIBUNAL IN CASE WHERE THE TAX EFFECT DOES NOT EXCEED THE MONETARY LIMIT OF RS.20 LAKHS. IT IS ALSO DIRECTED THAT THIS INSTRUCTION WILL APPLY RETROSPECTIVELY TO THE PENDING APPEALS AND APPEALS TO BE FILED HENCEFORTH IN THE TRIBUNAL. PENDING APPEALS BELOW THE SPECIFIED TAX EFFECT MAY BE WITHDRAWN/NOT PRESSED. LEARNED SR. D.R. IN VIEW OF THE ABOVE BOARD CIRCULAR DID NOT PRESS THE DEPARTMENTAL APPEAL. I MAY ALSO NOTE THAT THE APPEAL OF THE DEPARTMENT ABOVE WOULD NOT FALL WITHIN THE EXCEPTIONS PROVIDED IN THE BOARD CIRCULAR. IN THE RESULT, THE DEPARTMENTAL APPEAL IS NOT MAINTAINABLE AS HAVE BEEN FILED AGAINST THE INSTRUCTION OF THE BOARD. THE DEPARTMENTAL APPEAL IS DISMISSED AS WITHDRAWN/NOT PRESSED BY THE LEARNED SR. D.R. 3 ITA.NO.3530/DEL./2018 SMT. VISHAMBHARI, VILLAGE RANAULI LATIFPUR, DADRI, GAUTAM BUDH NAGAR. 4. IN THE RESULT, APPEAL OF THE DEPARTMENT IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT. SD/- (BHAVNESH SAINI) JUDICIAL MEMBER DATED 18 TH OCTOBER, 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.