ACIT, New Delhi V. M/s K.L. Khanna Gears Ind. Pvt. Ltd., Delhi

ITA 36/DEL/2010

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 6545 (ITAT-DELHI)
• Duration Of Justice: 6 year(s) 1 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-03-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 29-02-2016
• Assessment Year: 2006-2007
• Appeal Filed On: 04-01-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJESH KUMAR KEDIA
• Section: 68

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH D NEW DELHI BEFORE : SHRI I.C. SUDHIR , JUDICIAL MEMBER & SHRI L.P. SAHU, ACCOUNTANT MEMBER ITA NO. 36/DEL./2010 ASSTT. YEAR : 2006 - 07 A.C.I.T., CIRCLE 5(1), VS. K.L. KHANNA GEARS IND. PVT. LTD., NEW DELHI. 130, ASHOK VIHAR, PHASE - I, DELHI. [PAN: AAACK 5830 H] (APPELLANT) (RESPONDENT) APPELLANT BY : SH. RAJESH KUMAR KEDIA, ADDL.CIT RESPONDENT BY : SH. MANISH MALIK, ADVOCATE D ATE OF HEARING : 29.02.2016 DATE OF PRONOUNCEMENT : 01 .03.2016 ORDER PER L.P. SAHU, ACCOUNTANT MEMBER: IT IS APP ARENT FROM RECORD THAT THE PRESENT APPEAL HAS BEEN PREFERRED BY THE REVENUE AGAINST THE ACTION OF THE LD. CIT(A) - VIII, NEW DELHI ORDER DATED 29.10.2009 WHEREBY HE HAS DELETED THE ADDITION OF RS.10 LACS U/S. 68 AND RS.16,79,628/ - ON ACCOUNT OF INTEREST ON DEBT BALANCE. UNDISPUTEDLY, THE PRESENT APPEAL HAS BEEN PREFERRED BY THE REVENUE IN VIOLATION OF CBDT CIRCULAR NO. 21/2015 DATED 10.12.2015, WHEREIN THE PECUNIARY LIMIT FOR PREFERRING THE APPEAL BY THE REVENUE BEFORE THE ITAT HAS BEEN PRESCRIBED BEYOND RS.10 LA CS. THE ABOVE CIRCULAR ON PECUNIARY LIMIT HAS NOW STATUTORY ITA NO. 36/DEL./2010 2 FORCE WITHIN THE PROVISIONS OF SECTION 268A OF THE IT ACT, HENCE, THE PRESENT APPEAL IS NOT MAINTAINABLE. THE LD. ADDL. CIT/DR MR. RAJESH KUMAR KEDIA REQUESTED THAT WHILE DISMISSING THE APPEAL AS NOT MAINTAINABLE, IT MAY BE MADE CLEAR THAT THE PRESENT ORDER WILL HAVE NO PRECEDENTIAL VALUE. 2. IN VIEW OF THE ABOVE DISCUSSION, THE PRESENT APPEAL PREFERRED BY THE REVENUE IN VIOLATION OF CBDT CIRCULAR NO. 21/2015 (SUPRA) IS NOT MAINTAINABLE AND HENCE, IT IS DISMISSED AS SUCH MAKING IT CLEAR THAT SINCE THE PRESENT APPEAL HAS NOT BEEN DISPOSED OF ON MERITS OF THE APPEAL, BUT DUE TO ABOVE REASON, IT WILL HAVE NO ANY JUDICIAL PRECEDENCE. 3. IN THE RESULT, THE APPEAL IS DISMISSED AS NOT MAINTAINABLE. ORDER PRONOUNCED IN THE OPEN COURT ON 01.03.2016 . SD/ - SD/ - ( I.C. SUDHIR ) (L.P. SAHU) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 01.03.2016 *AKS/ - COPY OF ORDER FORWARDED TO: (1) THE APPELLA NT (2) THE RESPONDENT (3) COMMISSIONER (4) CIT(A) (5) DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT. REGISTRAR INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES, NEW DELHI