Appeal details
Counselvise Citation
[2018] 121 COUNSELVISE.COM (IT) 9015 (ITAT-DELHI)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
9 month(s) 13 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
16-10-2018
Appeal Filed By
Department
Order Result
Dismissed
Bench Allotted
SMC
Assessment Year
2009-2010
Appeal Filed On
02-01-2018
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES SMC : DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER ITA.NO.36/DEL./2018 ASSESSMENT YEAR 2009-2010 THE INCOME TAX OFFICER, WARD-1(1), ROOM NO.303, A-2D, AAYAKAR BHAWAN, SECTOR-24, NOIDA 201301. UTTAR PRADESH. VS. SHRI ANANTRAM, GAUTAM BUDH NAGAR PAN BQMPA8279C C/O. CA SANJIV TANDAN, ADVOCATE, B-2/302, STELLAR SIGMA APARTMENTS, SIGMA- IV, GREATER NOIDA 201310. (APPELLANT) (RESPONDENT) FOR REVENUE : DR. ANJULA JAIN, SR. D.R. FOR ASSESSEE : MS. AKRITI DEWAN, ADVOCATE. DATE OF HEARING : 16 . 1 0.2018 DATE OF PRONOUNCEMENT : 16 . 10 .2018 ORDER PER BHAVNESH SAINI, J.M. THIS APPEAL BY REVENUE HAS BEEN DIRECTED AGAINST THE ORDER OF THE LD. CIT(A)-1, NOIDA, DATED 31.07.2017, FOR THE A.Y. 2009-2010. 2 ITA.NO.36/DEL./2018 SHRI ANANTRAM, GAUTAM BUDH NAGAR. 2. IN THIS CASE, A.O. COMPUTED THE LONG TERM CAPITAL GAINS IN A SUM OF RS.37,97,670/-. THE LD. CIT(A) IN THE ABSENCE OF ISSUE OF NOTICE UNDER SECTION 143(2) HELD ASSESSMENT IS VOID ABINITIO. 2. I HAVE HEARD THE LEARNED REPRESENTATIVES OF BOTH THE PARTIES. 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 PENDING APPEALS BELOW THE SPECIFIED TAX EFFECT MAY BE WITHDRAWN/NOT PRESSED.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. 3 ITA.NO.36/DEL./2018 SHRI ANANTRAM, GAUTAM BUDH NAGAR. 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 THE DEPARTMENTAL APPEAL IS DISMISSED AS WITHDRAWN/NOT PRESSED BY THE LEARNED SR.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. 4. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT. SD/- (BHAVNESH SAINI) JUDICIAL MEMBER DATED 16 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.
