ITO, New Delhi V. M/s. Sadhvi Properties Pvt. Ltd., New Delhi

ITA 3722/DEL/2017

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 5316 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 8 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-02-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2012-2013
• Appeal Filed On: 08-06-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PRAKASH DUBEY
• Assessee Lawyers: T M SHIVAKUMAR
• Keywords: Retrospective amendment; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH G : NEW DELHI) (THROUGH VIDEO CONFERENCING) BEFORE SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER AND SHRI B.R.R. KUMAR , ACCOUNTANT MEMBER ITA NO. 3722/DEL./2017, A.Y. : 2012-13 ITO WARD-22(2), ROOM NO. 249, I.P.ESTATE NEW DELHI VS M/S.SADHVI PROPERTIES PVT. LTD. 12-RING ROAD, LAJPAT NAGAR-IV NEW DELHI (APPELLANT) (RESPONDENT) (PAN : AAJCS9460L) ASSESSEE BY : SH. TM SHIVA KUMAR, ADV. REVENUE BY : SH. PRAKASH DUBEY, SR. DR DATE OF HEARING: 28.01.2021 DATE OF PRONOUNCEMENT: 08 .02.2021 O R D E R PER B.R.R.KUMAR, ACCOUNTANT MEMBER : THIS IS AN APPEAL BY THE DEPARTMENT AGAINST THE ORDER DATED 15/03/2017 OF CIT (A)-14, NEW DELHI FOR AY 2012-13. 2. PERUSAL OF THE AFORESAID APPEALS FILED BY THE R EVENUE APPARENTLY SHOW THAT THE SAME IS HAVING LOW TAX EFF ECT AS PER CBDT CIRCULAR NO.17/2019 DATED 8 TH AUGUST, 2019 VIDE WHICH THE REVENUE HAS BEEN DIRECTED NOT TO PREFER ANY APPEAL IN CASE THE TAX EFFECT IS LESS THAN RS.50,00,000/- AND THIS FACTUAL POSITION HAS BEEN FAIRLY ITA NO.3722/DEL./2017 2 CONCEDED BY THE LD. D.R. THE LD. A.R. CONTENDED TH AT THE APPEAL OF THE REVENUE MAY BE DISMISSED IN THE LIGHT OF CBDT C IRCULAR (SUPRA). 3. WE HAVE HEARD THE PARTIES ON THE ISSUE IN CONTR OVERSY AND PERUSED THE MATERIAL ON RECORD. PERUSAL OF CBDT CIR CULAR (SUPRA) SHOWS THAT MONETARY LIMIT FOR FILING THE APPEAL BY THE DEPARTMENT BEFORE THE TRIBUNAL, HON'BLE HIGH COURT AND HON'BLE SUPREME COURT HAS BEEN REVISED. 4. IN VIEW OF THE CBDT CIRCULAR NO.17/2019 DATED 8 TH AUGUST, 2019 HAVING RETROSPECTIVE EFFECT AS COORDINATE BENC H OF THE TRIBUNAL IN CASE OF DINESH MADHAVLAL PATEL [TS-469-ITAT-2019(AHD)] 2019-TIOL-1556-ITAT-AHM DATED 14 TH AUGUST, 2019 HAS ALREADY DECIDED THE ISSUE AS TO THE APPLICABILITY O F THE CAPTIONED CIRCULAR TO THE PENDING APPEALS IN AFFIRMATIVE AND WHAT HAS BEEN DISCUSSED ABOVE, WE ARE OF THE CONSIDERED VIEW THAT THE AFORESAID APPEAL IS NOT MAINTAINABLE BECAUSE OF LOW TAX EF FECT I.E. LESS THAN RS.50,00,000/- HENCE, THE AFORESAID APPEALS FILED B Y THE REVENUE IS HEREBY DISMISSED HAVING BEEN BECOME INFRUCTUOUS. H OWEVER, IN CASE, THE PRESENT APPEAL IS FOUND TO BE MAINTAINAB LE AT ANY STAGE FOR ANY TECHNICAL REASONS, THE DEPARTMENT SHALL BE AT LIBERTY TO SEEK RECALL OF THIS ORDER UNDER RELEVANT PROVISIONS OF L AW. ORDER PRONOUNCED IN OPEN COURT ON THIS 8 TH DAY OF FEBRUARY, 2020. SH/- SH/- (SUDHANSHU SRIVASTAVA) (DR. B.R.R.KUMAR) JUDICIAL MEMBER ACCOUNTANT MEMBE R *BR* ITA NO.3722/DEL./2017 3 DATED : 08/02/2021 COPY FORWARDED TO: 1.APPELLANT 2.RESPONDENT 3.CIT 4.CIT(A)-14, NEW DELHI. 5.CIT(ITAT), NEW DELHI. AR, ITAT NEW DELHI. DATE OF DICTATION DIRECTED BY SIR DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. PS/PS DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/PS DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT DATE ON WHICH THE FILE GOES TO THE BENCH CLERK DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER