ACIT, New Delhi V. M/s Mayfield Projects., Gurgaon

ITA 3595/DEL/2016

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 4641 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 2 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-09-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2007-2008
• Appeal Filed On: 16-06-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: APARNA KARAN
• Keywords: Retrospective amendment; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : A , NEW DELHI BEFORE SH. AMIT SHUKLA, JUDICIAL M EMBER AND SH. O.P. KANT , ACCOUNTANT MEMBER ITA NO S . 3594 & 3595 /DE L/ 2016 ASSESSMENT YEAR : 2007 - 08 ACIT, CENT. CIRCLE - 26, NEW DELHI VS. MAYFIELD PROJECTS, C - BLOCK, SITE OFFICE, NEW HANUMAN MANDIR, MAYFIELD GARDE N , SECTO R - 50, GURGAON PAN : AAAAM3127D (APPELLANT) (RESPONDENT) APPELLANT BY SMT. APA RNA KARAN, CIT(DR) RESPONDENT BY NONE DATE OF HEARING 12.09.2017 DATE OF PRONOUNCEMENT 12.09.2017 ORDER PER BENCH . : THESE TWO APPEALS BY THE REVENUE ARE DIRECTED AGAINST DIFFERENT ORDER S OF LEARNED COMMISSIONER OF INCOME TAX (APPEALS) - 29 , NEW DELHI, DATED 31.03.2016 & 28.03.2016 IN RELATION TO ASSESSMENT YEAR 2007 - 08 RESPECTIVELY . 2. NON PRESENT ON BEHALF OF THE ASSESSEE. WE HAVE HEARD LEARNED CIT(DR) AND PERUSED THE RELEVANT MATERIAL ON RECORD. IT IS NOTICED THAT THE CBDT HAS ISSUED CIRCULAR NO. 21 OF 2015 DATED 10.12.2015 WITH RETROSPECTIVE EFFECT, REVISING THE MONETARY LIMIT TO RS.10,00,000/ - FOR NOT FILING APPEALS BEFORE THE TRIBUNAL. LEARNED CIT(DR) COULD NOT CONTROVERT THE FACT 2 THAT TAX EFFECT INVOLVED I N THESE APPEALS I S LESS THAN RS.10,00,000/ - . 3. FROM PARA 10 OF THE ABOVE CIRCULAR, IT IS PALPABLE THAT THE INSTRUCTION IS APPLICABLE TO THE PENDING APPEALS ALSO WITH RETROSPECTIVE EFFECT AND THERE IS A CLEAR - CUT DIRECTION TO THE DEPARTMENT TO WITHDRAW OR NOT PRESS SUCH APPEALS FILED BEFORE THE ITAT, WHEREIN TAX EFFECT IS LESS THAN RS.10,00,000/ - . GOING BY THE PRESCRIPTION OF THE AFORE - NOTED CIRCULAR, WE ARE OF THE VIEW THAT THE REVENUE SHOULD HAVE EITHER NOT FILED THE INSTANT APPEAL S BEFORE THE TRIBUNAL OR WITHDRAWN THE SAME AS THE TAX EFFECT IN THESE APPEALS AR E ADMITTEDLY LESS THAN THE PRESCRIBED LIMIT I.E. RS. 10,00,000/ - FOR NOT FILING THE APPEAL. ACCORDINGLY , WE DISMISS THE INSTANT APPEAL S W ITHOUT GOING INTO MERITS OF THE CASE. HOWEVER, THE DEPARTMENT IS AT LIBERTY TO FILE THE MISCELLANEOUS APPLICATION, IF T HE TAX EFFECT IS FOUND TO BE MORE THAN THE PRESCRIBED LIMITED OF RS. 10 LACS OR OTHERWISE. 4. IN THE RESULT, BOTH THE APPEAL S OF THE REVENUE STANDS DISMISSED. THE DECISION IS PRONOUN CED IN THE OPEN COURT ON 12 TH SEPT. , 201 7 . SD/ - SD/ - ( AMIT SHUKLA ) ( O.P. KANT ) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 12 TH SEPTEMBER , 201 7 . RK / - (D.T.D) COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(A) 5 . DR ASST. REGISTRAR, ITAT, NEW DELHI