ITO, New Delhi V. M/s. Steel Authority of India Ltd., New Delhi

ITA 3612/DEL/2013

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 3401 (ITAT-DELHI)
• Duration Of Justice: 6 year(s) 2 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-08-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 13-06-2017
• Assessment Year: misc
• Appeal Filed On: 05-06-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect; TDS

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES G , NEW DELHI BEFORE SH. AMIT SHUKLA , JUDICIAL MEMBER DR. B. R. R. KUMAR , ACCOUNTANT MEMBER ITA NO. 3612 /DEL/201 3 : ASSTT. YEAR : 1998 - 99 ITA NO. 3613/DEL/2013 : ASSTT. YEAR : 1997 - 98 INCOME TAX OFFICER, TDS WARD - 2(2), INTERNATIONAL TAXATION, NEW DELHI VS M/S STEEL AUTHORITY OF INDIA LTD., 4 TH FLOOR, ISPAT BHAWAN, LODI ROAD, NEW DELHI - 110003 (APPELLANT) (RESPONDENT) PAN NO. A AACS7062F ASSESSEE BY : SH. M. P. RASTOGI, ADV. REVENUE BY : SH. N. K. BANSAL, SR. DR DATE OF HEAR ING: 27 . 08 .201 9 DATE OF PRONOUNCEMENT: 28 .08 .201 9 ORDER PER BENCH : THE PRESENT APPEAL S HAVE BEEN FILED BY THE REVENUE AGAINST THE ORDER OF THE L D. CIT(A) - XXV , NEW DELHI EACH DATED 19.03.2013 . 2. ACCORDING TO CIRCULAR NO. 17/2019 DATED 08/08/2019, THE CBDT IN SUPERSESSION OF EARLIER INSTRUCTIONS HAS DIRECTED THAT DEPARTMENT S APPEALS BEFORE ITAT SHALL NOT BE FILED IN CASES WHERE THE TAX EFFECT DOES NOT EXCEED THE MONETARY LIMIT OF RS. 50 LACS. THE TAX WILL NOT INCLUDE ANY INTEREST THEREON. IT I S FURTHER CLARIFIED THAT EVE N IF IN THE CASE OF AN ASSESSEE, DISPUTED ISSUES ARISE IN MORE THAN ONE ASSESSMENT YEAR, APPEAL CANNOT BE FILED IN RESPECT OF SUCH ASSESSMENT YEAR OR YEARS IN ITA NO S. 3612 & 3613 /DEL /2013 STEEL AUTHORITY OF INDIA LTD. 2 WHICH THE TAX EFFECT IN RESPECT OF DISPUTED ISSUES EXCEEDS THE MONETARY LIMIT SO SPECIFIED. 3. ADMITTEDLY, IN THE DEPARTMENTAL APPEAL, THE TAX EFFECT IS LESS THAN RS. 50 LACS, THEREFORE, DEPARTMENTAL APPEAL IS NOT MAINTAINABLE. THE LD. DR COULD NOT BRING TO OUR NOTICE ANY EXCEPTIONS MENTIONED IN THE SAID CIRCULAR. 4 . IN THE RESULT, THE APPEAL S O F THE REVENUE ARE DISMISSED . (ORDER PRO N OUNC ED IN THE OPEN COURT ON 28 /0 8 /2019). SD/ - SD/ - ( AMIT SHUKLA ) ( DR. B. R. R. KUMAR ) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 28 /0 8 /2019 *SUBODH* COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(APPEALS) 5 . DR: ITAT ASSISTANT REGISTRAR