ITO, WARD- 21(4), NEW DELHI V. BIKRAM SINGH, NEW DELHI

ITA 3859/DEL/2017

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 2693 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 8 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-03-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 14-06-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: MADHUR AMBAWAT
• Keywords: Tax effect
• Section: 201; 13

Judgement Text

IN TH E INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : A : NEW DELHI BEFORE SHRI R. K. PANDA, ACCOUNTANT MEMBER AND SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER ITA NO. 3859 /DEL/201 7 ASSESSMENT YEAR : 20 1 2 - 13 ITO, WARD - 21(4), CR BUILDING, IP ESTATE, NEW DELHI. VS BIKRAM SINGH, 8/34, MEHRAM NAGAR, NEW DELHI. PAN: A BKPS5232P (APP ELL A NT ) (RESPONDENT) A SSESSEE BY : SHRI MADHUR AMBAWAT, ADVOCATE RE VENUE BY : SHRI RAJIV KUMAR, SR. DR DATE OF HEARING : 12.03. 20 20 DATE OF PRONOUNCEMENT : 12 . 0 3.2020 ORDER PER R. K. PANDA, AM : TH IS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 2 9 .0 3 . 201 7 OF THE CIT(A) - 7, NEW DELHI, RELATING TO ASSESSMENT YEAR 20 1 2 - 13 . 2 . THE LD. COUNSEL FOR THE ASSES SEE, AT THE OUTSET, SUBMITTED THAT THE TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE IS BELOW RS.50 LAKHS. THEREFORE, IN VIEW OF THE RECENT CBDT CIRCULAR NO.17/2019 DATED 8 TH AUGUST, 2019, RAISING THE MONETARY LIMIT FOR FILING OF THE APPEAL BY THE REVENUE BEFORE THE TRIBUNAL TO RS.50 LAKHS AND THE SUBSEQUENT CLARIFICATION OF THE CBDT, VIDE NOTIFICATION DATED 20 TH AUGUST, 2019 STATING THAT THE SAID CIRCULAR IS APPLICABLE EVEN TO PENDING APPEALS, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE . 3 . THE LD. DR, ON THE OTHER HAND, FAIRLY CONCEDED THAT THE TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE BEING BELOW RS.50 LAKHS , THE APPEAL FILED BY THE REVENUE ITA NO. 3859 /DEL/201 7 2 SQUARELY FALLS WITHIN THE AMBIT OF THE RECENT CBDT CIRCULAR NO.17/2019 DATED 8 TH AUGUST, 2019 AND THE SUBSEQUENT CLARIFICATION DATED 20 TH AUGUST, 2019. 4 . AFTER HEARING BOTH THE SIDES , WE FIND THE TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE IS ADMITTEDLY BELOW RS.50 LAKHS . T HEREFORE, IN VIEW OF T HE CBDT CIRCULAR NO.17/ 2019 DATED 8 TH AUGUST, 2019 RAISING THE MONETARY LIMITS FOR FILING OF THE APPEALS BY THE REVENUE BEFORE THE TRIBUNAL TO RS.50 LAKHS AND THE SUBSEQUENT CLARIFICATION DATED 20 TH AUGUST, 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. 5. HOWEVER, IF THE REVENUE AT ANY POINT OF TIME FINDS THAT THE TAX EFFECT INVOLVED IN THE GROUNDS OF THE REVENUE IS MORE THAN RS.50 LAKHS OR THAT THE SAME I S FALLING UNDER THE EXCEPTIONS PROVIDED IN THE SAID CIRCULAR, THE REVENUE MAY MOVE NECESSARY APPLICATION FOR RECALL OF THIS ORDER. 6 . IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED. THE DECISION WAS PRONOUNCED IN THE OPEN COURT ON 12 . 0 3 .20 20 . SD/ - SD/ - ( SUDHANSHU SRIVASTAV ) ( R. K. PANDA ) JUDICIAL MEMBER ACCOUNTANT MEMFBER DATED: 12 TH MARCH, 2020. DK COPY FORWARDED TO 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ASSTT. REGISTRAR, ITAT, NEW DELHI