DCIT, New Delhi V. M/s. Axis Diagnostics & Biotech Ltd., Gurgaon

ITA 3839/DEL/2011

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 7528 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 9 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-05-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 30-05-2016
• Assessment Year: 2005-2006
• Appeal Filed On: 12-08-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAVI JAIN
• Keywords: Tax effect

Judgement Text

1 ITA NO. 3839/DEL/2011 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: A NEW DELHI BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEM BER AND SMT SUCHITRA KAMBLE , JUDICIAL MEMBER I.T.A .NO. 3839/DEL/2011 (ASSESSM ENT YEAR-2005-06) DCIT CIRCLE-1(1), ROOM NO. 390, C. R. BUILDING NEW DELHI (APPELLANT) VS AXIS DIAGNOSTICS & BIOTECH LTD. 74, KAILASH MARKET, OPP. HIPA SARHAUL ROAD, GURGAON AAACA7597H (RESPONDENT) APPELLANT BY SH. RAVI JAIN, CIT DR. RESPONDENT BY NONE ORDER PER SUCHITRA KAMBLE, JM THIS IS AN APPEAL FILED BY THE REVENUE. THERE IS ADJOURNMENT APPLICATION ON BEHALF OF THE SR. DR AS HE WAS NOT AVAILABLE ON 30.05.2016. WHILE LOOKING TO THE APPEAL PAPERS IT WAS FOUND THAT THE TAX EFFECT IN THE PRESENT APPEAL IS LESS THAN RS. 10 LAKHS. THE SAME WAS POINTED OUT TO THE LD. C IT-DR, MR. RAVI JAIN WHO WAS PRESENT. ADMITTEDLY THE TAX EFFECT IN THIS APPEAL BY THE RE VENUE IS LESS THAN RS.10 LAKHS. THUS, WE ARE OF THE OPINION THAT THERE IS NO NECESSITY FO R ADJOURNING THE APPEAL AND REJECTED THE ADJOURNMENT APPLICATION. DATE OF HEARING 30.05.2016 DATE OF PRONOUNCEMENT 30.05.2016 2 ITA NO. 3839/DEL/2011 2. IN TERMS OF CBDT CIRCULAR NO.21/2015 DATED 10 TH DECEMBER,2015, F.NO. 279/MISC./142/2007-ITJ(PT.) READ WITH S.268 A OF TH E INCOME TAX ACT 1961, THIS APPEAL BY THE REVENUE SHOULD HAVE BEEN WITHDRA WN OR SHOULD NOT BE PRESSED BY THE REVENUE. 3. IN VIEW OF THE ABOVE THIS APPEAL BY THE REVENUE IS DISMISSED IN LIMINI. 4. IN THE RESULT REVENUES APPEAL IS DISMISSED IN LIMI NI. ORDER PRONOUNCED IN THE OPEN COURT ON 30 TH MAY, 2016. SD/- SD/- (J. SUDHAKAR REDDY) (SUCHITRA KAMBLE) ACCOUNTANT MEMBER JUDICIAL MEMB ER DATED: 30/05/2016 R. NAHEED * COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI 3 ITA NO. 3839/DEL/2011 DATE 1. DRAFT DICTATED ON 30/03/2016 PS 2. DRAFT PLACED BEFORE AUTHOR 30/03/2016 PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER .2016 JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS 3 0 .05.2016 PS/PS 6. KEPT FOR PRONOUNCEMENT ON PS 7. FILE SENT TO THE BENCH CLERK 3 0 .05.2016 PS 8. DATE ON WHICH FILE GOES TO THE AR 9. DATE ON WHICH FILE GOES TO THE HEAD CLERK. 10. DATE OF DISPATCH OF ORDER.