ACIT, New Delhi V. M/s. Cyber Media (India) Ltd., New Delhi

ITA 3569/DEL/2012

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 6745 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 7 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-02-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 23-02-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 06-07-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Retrospective amendment; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : B : NEW DELHI BEFORE SHRI R.S. SYAL, AM & SHRI A.T. VARKEY, JM ITA NO.3569/DEL/2012 ASSESSMENT YEAR : 2009-10 ACIT, CENTRAL CIRCLE-3(1), NEW DELHI . VS. M/S CYBER MEDIA (INDIA) LTD., D-74, PANCHSHEEL ENCLAVE NEW DELHI-17. PAN: AAACC1023E ASSESSEE BY : SH. RAJAN BHATIA, ADVOCATE DEPTT. BY : SHRI SUNIL CHANDER SHARMA, CIT- DR DATE OF HEARING : 23.02.2016 DATE OF PRONOUNCEMENT : 23.02.2016 ORDER PER R.S.SYAL, AM: THIS APPEAL BY THE REVENUE ARISES OUT OF THE ORDER PASSED BY THE CIT(A) ON 25.04.2012 IN RELATION TO THE ASSESS MENT YEAR 2009-10. ITA NO.3569/DEL/2012 2 2. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE RELEVANT MATERIAL ON RECORD. AT THE OUTSET, THE LD. AR SUBMITTED THAT THIS APPEAL OF THE REVENUE IS LIABLE TO BE DIS MISSED BECAUSE OF LOW TAX EFFECT. IT IS NOTICED THAT THE C BDT HAS ISSUED CIRCULAR NO. 21 OF 2015 DATED 10.12.2015 WIT H RETROSPECTIVE EFFECT, REVISING THE MONETARY LIMIT T O RS.10,00,000/- FOR NOT FILING APPEALS BEFORE THE TR IBUNAL. 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.10,00,000/- . 3. FROM PARA 10 OF THE ABOVE CIRCULAR IT IS PALPABL E THAT THE INSTRUCTION IS APPLICABLE TO THE PENDING APPEALS AL SO WITH RETROSPECTIVE EFFECT AND THERE IS A CLEAR-CUT DIREC TION TO THE DEPARTMENT TO WITHDRAW OR NOT PRESS SUCH APPEALS FI LED BEFORE THE ITAT WHEREIN TAX EFFECT IS LESS THAN RS.10,00,0 00/-. GOING BY THE PRESCRIPTION OF THE AFORENOTED CIRCULAR, WE ARE OF THE VIEW THAT THE REVENUE SHOULD HAVE EITHER NOT FILED THE INSTANT ITA NO.3569/DEL/2012 3 APPEAL BEFORE THE TRIBUNAL OR WITHDRAWN THE SAME AS THE TAX EFFECT IS ADMITTEDLY LESS THAN THE PRESCRIBED LIMIT FOR NOT FILING THE APPEALS. EX CONSEQEUNTI, WE DISMISS THE INSTANT APPEAL WITHOUT GOING INTO MERITS OF THE CASE. 4. IN THE RESULT, THE APPEAL OF THE REVENUE STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 23.02.2016. SD/- SD/- [A.T. VARKEY] [R.S. SYAL] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED, 23 RD FEBRUARY, 2016. SELF TYPED BY THE AM COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR, ITAT AR, ITAT, NEW DELHI.