DCIT, Ghaziabad V. M/s. Supertech Construction Pvt. Ltd., Noida

ITA 3793/DEL/2017

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 5932 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 7 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-02-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Delhi
• Assessment Year: 2005-2006
• Appeal Filed On: 09-06-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PRAKASH DUBEY
• Keywords: Tax effect
• Section: 201

Judgement Text

IN TH E INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : G : NEW DELHI (THROUGH VIRTUAL HEARING) BEFORE SHRI R. K. PANDA, ACCOUNTANT MEMBER AND SHRI KULDIP SINGH, JUDICIAL MEMBER ITA NO. 3793 /DEL/201 7 ASSESSMENT YEAR : 20 05 - 06 DCIT, CENTRAL CIRCLE, 2 ND FLOOR, C GO COMPLEX - I, HAPUR CHUNGI, GHAZIABAD. VS SUPERTECH CONSTRUCTION PVT. LTD., B - 28, 29, III RD FLOOR, SECTOR - 58, NOIDA. PAN: AA BCS0646N (APP ELL A NT ) (RESPONDENT) A SSESSEE BY : NONE RE VENUE BY : SHRI PRAKASH DUBEY, SR. DR DATE OF HEARING : 02.02. 20 21 DATE OF PRONOUNCEMENT : 02 . 0 2 . 20 21 ORDER PER R. K. PANDA, AM : TH IS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 16 TH MARCH, 201 7 OF THE CIT(A) - 4, KANPUR, RELATING TO ASSESSMENT YEAR 20 05 - 06 . 2. NONE APPEARED ON BEHALF OF THE ASSESSEE. IT WAS SEEN THAT THE TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE IN THIS APPEAL IS BELOW RS.50 LAKHS . THE CBDT, VIDE CIRCULAR NO.17/2019 DATED 8 TH AUGUST, 2019 HAS RAISED THE MONETA RY LIMIT FOR FILING OF APPEAL BY THE REVENUE BEFORE THE TRIBUNAL TO RS.50 LAKHS. VIDE NOTIFICATION DATED 20 TH AUGUST, 2019 IT HAS BEEN CLARIFIED THAT THE REVISED MONETARY LIMIT SO MENTIONED IN THE CIRCULAR NO.17/2019 IS APPLICABLE EVEN TO PENDING APPEALS. SINCE, IN THE INSTANT CASE, ADMITTEDLY, THE TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE IS BELOW RS.50 LAKHS, THEREFORE, IN ITA NO. 3 793 /DEL/201 7 2 VIEW OF THE CBDT CIRCULAR NO.17/2019 DATED 8 TH AUGUST, 2019 AND THE SUBSEQUENT CLARIFICATION BY THE CBDT ON 20 TH AUGU ST, 2019 TO THE EFFECT THAT THE SAID CIRCULAR IS APPLICABLE EVEN TO PENDING APPEALS, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE. ACCORDINGLY, THE SAME IS DISMISSED. 3. HOWEVER, IF THE REVENUE AT ANY POINT OF TIME FINDS THAT THE TAX EFFECT INVOLV ED IN THE GROUNDS OF THE REVENUE IS MORE THAN RS.50 LAKHS OR THAT THE SAME IS FALLING UNDER THE EXCEPTIONS PROVIDED IN THE SAID CIRCULAR, THE REVENUE MAY MOVE NECESSARY APPLICATION FOR RECALL OF THIS ORDER. 4 . IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED. THE DECISION WAS PRONOUNCED IN THE OPEN COURT ON 02 . 0 2 .20 21 . SD/ - SD/ - ( KULDIP SINGH ) ( R. K. PANDA ) JUDICIAL MEMBER ACCOUN TANT MEMFBER DATED: 02 ND FEBRUARY, 20 21 DK COPY FORWARDED TO 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ASSTT. REGISTRAR, ITAT, NEW DELHI