DCIT, Dehradun V. M/s. T.R. Builders, Dehradun

ITA 3677/DEL/2015

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 5886 (ITAT-DEHRADUN)
• Duration Of Justice: 5 year(s) 3 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-09-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2009-2010
• Appeal Filed On: 05-06-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S K CHATTARGEE
• Assessee Lawyers: VIRENDRA KALRA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DEHRADUN BENCH, DEHRADUN (THROUGH VIDEO CONFERENCING) BEFORE SHRI G.S. PANNU, VICE PRESIDENT AND SHRI K.N. CHARY, JUDICIAL MEMBER ITA NO. 3677/DEL/2015 ASSESSMENT YEAR : 2009-10 DCIT, CENTRAL CIRCLE, 13-A, SUBHASH ROAD, AAYAKAR BHAWAN, DEHRADUN-248001 VS. M/S T.R. BUILDERS, C/O SH. MOHIT BATOLA, VILLAGE MIYANWALA, HARRAWALA, DEHRADUN (PAN: AAEFT9420D) (APPELLANT) (RESPONDENT) AND CROSS OBJECTION NO. 162/DEL/2018 (IN ITA NO. 3677/DEL/2015) ASSESSMENT YEAR : 2009-10 M/S T.R. BUILDERS, C/O SH. MOHIT BATOLA, VILLAGE MIYANWALA, HARRAWALA, DEHRADUN (PAN: AAEFT9420D) VS. DCIT, CENTRAL CIRCLE, 13-A, SUBHASH ROAD, AAYAKAR BHAWAN, DEHRADUN-248001 (APPELLANT) (RESPONDENT) REVENUE BY : SH. S.K. CHATTARGEE, DR ASSESSEE BY : SH. VIRENDRA KALRA, CA DATE OF HEARING : 25.09.2020 DATE OF PRONOUNCEMENT : 25.09.2020 ITA-3677/DEL/2015 & CO NO. 162/DEL/2018 2 ORDER PER G.S. PANNU, VP : THIS APPEAL BY THE REVENUE AND CROSS OBJECTION BY THE ASSESSEE FOR THE ASSESSMENT YEAR 2009-10 ARE DIRECTED AGAINST THE ORDER OF LEARNED CIT(A), DEHRADUN DATED 20.3.2015 2. LEARNED COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THE TAX EFFECT IN THE APPEAL OF THE REVENUE IS BELOW RS. 50 LAKHS. THE CBDT IN ITS CIRCULAR NO.17/2019 DATED 8 AUGUST, 2019 HAS REVISED THE MONETARY LIMIT FOR FILING OF THE DEPARTMENTAL APPEALS TO THE ITAT AT RS. 50 LAKHS. 3. LEARNED DR AGREED THAT THE TAX EFFECT IN THIS APPEAL OF TH E REVENUE IS BELOW RS. 50 LAKHS. 4. IN VIEW OF THE ABOVE POSITION, WE DEEM IT PROPER TO DISMISS THE A PPEAL OF THE REVENUE IN THE LIGHT OF THE CIRCULAR NO.17/2019 OF THE CBDT DATED 8 AUGUST, 2019, AS NOT MAINTAINABLE. 5. SINCE WE HAVE ALREADY DISMISSED THE APPEAL OF THE REVENUE BEING NOT FOUND MAINTAINABLE ON ACCOUNT OF LOW TAX EFFECT, THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE CROSS-OBJECTION FILED BY THE ASSESSEE MAY BE TREATED AS INFRUCTUOUS, AND, ACCORDINGLY, BE DISMISSED. 6. IN THE RESULT, IN VIEW OF THE AFORESAID DISCUSSION, THE REVE NUES APPEAL AS WELL AS ASSESSEES CROSS-OBJECTION STAND DISMISSED. ABOVE DECISION WAS ANNOUNCED ON CONCLUSION OF VIRTUAL HEARING ON 25 SEPTEMBER, 2020. (K.N. CHARY) (G.S. PANNU) JUDICIAL MEMBER VICE PRESIDENT SRB. COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT ASSISTANT REGISTRAR