DCIT, Faridabad V. Sh. Sohan Singla, New Delhi

ITA 3858/DEL/2013

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 6684 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 8 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-03-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 10-03-2016
• Assessment Year: 2010-2011
• Appeal Filed On: 17-06-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANIMA BANWAL
• Assessee Lawyers: DAKSH S BHARDWAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH G NEW DELHI BEFORE SHRI G.D. AGRAWAL, VICE PRESIDENT AND SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER ITA NO. 3858/DEL/2013 AY: 20 10-11 DY.COMMISSIONER OF INCOME TAX, VS SHRI SOHAN SINGLA, CENTRAL CIRCLE-I, FARIDABAD. 30/64, WEST AVENUE R OAD, PUNJABI BAGH WEST, NEW DELHI-26 (APPELLANT) (RESPONDEN T) APPELLANT BY : SMT. ANIMA BANWAL, SR. DR RESPONDENT BY : SHRI DAKSH S. BHARDWAL, ADVOCATE ORDER PER SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER THIS IS AN APPEAL FILED BY THE REVENUE DIRECTED AGA INST THE ORDER DATED 21.03.2013 OF LD. CIT(A)(CENTRAL), GURG AON FOR ASSESSMENT YEAR 2010-11. 2. THE LD. AR SUBMITTED A CHART OF THE TAX CALCULATIO N AND SUBMITTED THAT THE DISPUTED TAX COMES TO RS. 4,96,9 44/- ONLY. HE SUBMITTED THAT THE TAX EFFECT IN THIS APPEAL BY THE REVENUE DOES NOT EXCEED THE MONETARY LIMIT OF RS.10 LAKHS S PECIFIED IN RECENT CBDT CIRCULAR NO.21/2015 DATED 10 TH DECEMBER, 2015, F.NO. 279/MISC./142/2007-ITJ(PT.) READ WITH S.268 A OF THE INCOME TAX ACT 1961. FURTHER IN THIS CBDT CIRCULAR, AT PARA 10 IT IS SPECIFIED THAT THE INSTRUCTION WILL APPLY RET ROSPECTIVELY, TO ALL PENDING APPEALS. I.T.A. NO. 3858/DEL/2013 ASSESSMENT YEAR: 2010-11 2 3. THE LD. D.R. COULD NOT CONTROVERT THE FACT THAT THE TAX EFFECT ON THE QUANTUM OF INCOME IN DISPUTE IS BELOW THE MO NETARY LIMIT OF RS.10,00,000/- (TEN LAKHS ONLY). 4. HENCE WE DISMISS THIS APPEAL FILED BY THE REVENUE ON THE GROUND THAT THE TAX EFFECT IN THE PRESENT APPEAL DO ES NOT EXCEED THE MONETARY LIMIT SPECIFIED BY THE CBDT CIRCULAR N O.21/2015 DATED 10 TH DECEMBER,2015, F.NO. 279/MISC./142/2007-ITJ(PT.) READ WITH S.268 A OF THE INCOME TAX ACT 1961, AND H ENCE NOT MAINTAINABLE. 5. IN CASE THERE IS A MISTAKE IN THE CALCULATION OR I F THE CASE IS COVERED BY ANY OF THE EXCEPTION SPECIFIED IN THE CI RCULAR, THE REVENUE MAY FILE A MISC. APPLICATION U/S 254(2) OF THE INCOME TAX ACT 1961 POINTING OUT THE MISTAKE AND IF THE BENCH IS CONVINCED OF THE MISTAKE, THIS ORDER WILL BE RECALLED AND THE APPEAL RESTORED FOR FRESH DISPOSAL ON MERITS. 6. IN THE RESULT, THE REVENUES APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 10TH OF MARC H, 2016. SD/- SD/- (G.D. AGRAWAL) (SUD HANSHU SRIVASTAVA) VICE PRESIDENT JUDICIAL MEMBER DATED: THE 10 TH OF MARCH, 2016 GS I.T.A. NO. 3858/DEL/2013 ASSESSMENT YEAR: 2010-11 3 COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT BY ORDER ASSTT. REGISTRAR