ACIT, New Delhi V. Shri Anoop Gupta, New Delhi

ITA 3651/DEL/2011

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 6802 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 6 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-02-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 15-02-2016
• Assessment Year: 2005-2006
• Appeal Filed On: 28-07-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAVI JAIN
• Assessee Lawyers: V K JAIN
• Keywords: Tax effect

Judgement Text

\IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH A NEW DELHI BEFORE SHRI S.V. MEHROTRA : ACCOUNTANT MEMBER AND SHRI SUDHANSHU SRIVASTAVA : JUDICIAL MEMBER ITA NOS. 3651 & 3652/DEL/2011 ASSTT. YRS: 2005-06 & 2006-07 ACIT CENTRAL CIRCLE-15, VS. ANOOP GUPTA, NEW DELHI. A-2/14A, MODEL TOWN-1, NEW DELHI. PAN: AAJPG 0479 Q ITA NOS. 3653 & 3654/DEL/2011 ASSTT. YRS: 2005-06 & 2006-07 ACIT CENTRAL CIRCLE-15, VS. ABHAY GUPTA, NEW DELHI. 3641, MORI GATE, DELHI. PAN: ABXPG 4106 H ( APPELLANT ) (RESPONDENT) APPELLANT BY : SHRI RAVI JAIN CIT(DR) ASSESSEE BY : SHRI V.K. JAIN CA DATE OF HEARING : 15/02/2016. DATE OF ORDER : 16/02/2016. O R D E R PER S.V. MEHROTRA, A.M: THESE ARE REVENUES APPEALS, ASSAILING RESPECTIVE O RDER PASSED BY THE LD. CIT(A) IN RESPECT OF CAPTIONED ASSESSEES, RELA TING TO A.Y. 2005-06 & 2006-07. ALL THESE APPEALS WERE HEARD TOGETHER AND ARE BEING DISPOSED OF BY THIS COMMON ORDER FOR THE SAKE OF CONVENIENCE. 2 3. LD. CIT(DR) AT THE OUTSET SUBMITTED THAT, PRIMA FACIE, THE TAX EFFECT INVOLVED IN THE CAPTIONED APPEALS IS LESS THAN RS. 10 LAKHS. THEREFORE, IN TERMS OF CBDT CIRCULAR NO. 21/2015 DATED 10.12.2015 , STIPULATING THAT THE DEPARTMENTAL APPEAL, INVOLVING TAX EFFECT BELOW RS .10 LAKHS, SHALL NOT BE FILED BEFORE THE ITAT AND FURTHER THAT SUCH INSTRUC TION WOULD APPLY RETROSPECTIVELY AND THE PENDING APPEALS BELOW THE S PECIFIED TAX LIMIT OF RS.10 LAKH MAY BE WITHDRAWN/NOT PRESSED, THE DEPART MENT MAY BE ALLOWED TO WITHDRAW THE APPEALS, PROVIDED THAT IT SHOULD NOT B E CONSIDERED AS A PRECEDENT IN THE SUBSEQUENT YEARS OF THE ACCEPTANCE OF ISSUES INVOLVED IN THESE APPEAL AND, THEREFORE, IF IN THE SUBSEQUENT Y EAR SIMILAR ISSUE ARISES BEFORE THE ITAT, WHERE THE APPEAL IS ABOVE THE TAX LIMIT, AS PRESCRIBED IN THE BOARDS CIRCULAR, THE SAME SHOULD BE DECIDED ON MER ITS. 4. AFTER HEARING THE LD. CIT(DR), THE DEPARTMENTAL APPEALS ARE ALLOWED TO BE WITHDRAWN IN TERMS OF BOARDS CIRCULAR, REFER RED TO ABOVE. 6. IN THE RESULT, REVENUES APPEALS STAND DISMISSED , HAVING BEEN WITHDRAWN. ORDER PRONOUNCEMENT IN OPEN COURT ON 16/02/2016. SD/- SD/- (SUDHANSHU SRIVASTAVA) (S.V. MEHROTRA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 16/02/2016. *MP* COPY OF ORDER TO: 1. ASSESSEE 2. AO 3. CIT 4. CIT(A) 5. DR, ITAT, NEW DELHI.