ITO WARD - 7(4), New Delhi V. Double ESS Estates Pvt Ltd, New Delhi

ITA 3808/DEL/2019

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 1512 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-05-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2013-2014
• Appeal Filed On: 29-04-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: LALIT KISHORE
• Keywords: Tax effect; Tax effect
• Section: 143(3)

Judgement Text

1 ITA No. 3808/Del/2019 ITO Vs. Double Ess Estates P. LTD. IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: ‘B’ NEW DELHI BEFORE SHRI B. R. R. KUMAR, ACCOUNTANT MEMBER AND SH. YOGESH KUMAR US, JUDICIAL MEMBER I.T.A. No. 3808/DEL/2019 (A.Y 2013-14) Income tax Officer, Ward : 7 (4), New Delhi. (APPELLANT) Vs. M/s. Double Ess Estates Pvt. Ltd., 509, International Trade Tower, Nehru Place, New Delhi – 110 019. PAN No. AAACD4621M (RESPONDENT) ORDER PER YOGESH KUMAR US, JM 1. This appeal is filed by the Revenue against the order dated 12.02.2019 of the ld. Commissioner of Income Tax (Appeals)–34, New Delhi [hereinafter referred to CIT (Appeals)] under Section 143(3) of the Income Tax Act, 1961 (the Act) for Assessment Year 2013-14. 2. At the time of hearing, the learned Counsel for the assessee submitted that tax effect involved in this appeal is below the Appellant by Shri Lalit Kishore, Sr. D.R.; Respondent by Shri Karan Kumra, C.A.; Date of Hearing 23.05.2022 Date of Pronouncement 23.05.2022 2 ITA No. 3808/Del/2019 ITO Vs. Double Ess Estates P. LTD. prescribed limit of Rs.50 lakhs, as fixed by the CBDT and requested to dismiss the Revenue’s appeal on account of low tax effect. 3. Perusal of the aforesaid appeal filed by the Revenue apparently show that the same is having low tax effect 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 conceded by the learned Senior Departmental Representative. 4. We have heard both the parties and perused the material on record. Perusal of CBDT Circular (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. In view of the CBDT Circular No.17/2019 dated 8 th August, 2019 having retrospective effect as coordinate Bench 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 of 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 effect i.e. less than Rs.50,00,000/- hence, the aforesaid appeal filed by the Revenue is hereby dismissed having been become infructuous. However, in case, the present appeal is found to be maintainable at any stage for any technical reasons, the Department shall be at liberty to seek recall of this order under relevant provisions of law. 3 ITA No. 3808/Del/2019 ITO Vs. Double Ess Estates P. LTD. 5. In the result, the appeal filed by the Revenue, is dismissed being infructuous. Order pronounced in the open court on : 23/05/2022. Sd/- Sd/- (B. R. R. KUMAR) (YOGESH KUMAR US) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated : 23/05/2022 *MEHTA* Copy forwarded to : 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI Draft dictated 23.05.2022 Draft placed before author 23.05.2022 Approved Draft comes to the Sr.PS/PS 23.05.2022 Order signed and pronounced on 23.05.2022 File came to P.S. 23.05.2022 File sent to the Bench Clerk 23.05.2022 Date on which file goes to the AR Date on which file goes to the Head Clerk. Date of dispatch of Order. Date of uploading on the website