DCIT, New Delhi V. M/s. Eastern medikit Ltd., New Delhi

ITA 3919/DEL/2010

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 3363 (ITAT-DELHI)
• Duration Of Justice: 8 year(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 20-07-2017
• Assessment Year: 2004-2005
• Appeal Filed On: 20-08-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIJAY KUMAR JIWANI
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: B NEW DELHI BEFORE SHRI N.K.SAINI, ACCOUNTANT MEMBER & MS. SUCHITRA KAMBLE, JUDICIAL MEMBER ITA NO.-3919/DEL/2010 ( ASSESSMENT YEAR: 2004-05) DCIT CIRCLE-11(1) C.R.BUILDING NEW DELHI VS EASTERN MEDIKIT LTD. 3, DR. G.C. NARANG MARG, MALL ROAD, NEW DELHI PAN : AAACE0706G ASSESSEE BY NONE REVENUE BY SH. VIJAY KUMAR JIWANI, SR. DR ORDER PER SUDHANSHU SRIVASTAVA, J.M. THIS APPEAL IS FILED BY THE DEPARTMENT AGAINST ORDE R DATED 15.06.2010 PASSED BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS), XIII, NEW DELHI FOR ASSESSMENT YEAR 2004 -05. 2. AT THE OUTSET, IT IS BROUGHT TO OUR NOTICE THAT THE QUANTUM INVOLVED IN THIS CASE BEING LESS THAN RS. 20 LACS, SQUARELY FALLS WITHIN THE AMBIT OF CIRCULAR NO. 3/2018 DATED 11.07 .2018 ISSUED BY THE CENTRAL BOARD OF DIRECT TAXES PRESCRIBING TH E TAX EFFECT FOR PREFERRING APPEALS BEFORE TRIBUNAL BY THE REVENUE. DATE OF HEARING 23.08.2018 DATE OF PRONOUNCEMENT .08.2018 2 ITA N O. 3919/DEL/2010 (EASTERN MEDIKIT LTD.) 3. AFTER PERUSING THE MATERIALS AVAILABLE ON RECORD , WE FIND THAT THE AMOUNT DISPUTED BEFORE US IS BELOW THE TAX EFFE CT LIMIT PRESCRIBED BY CBDT VIDE CIRCULAR NO. 3/2018 DATED 1 1.07.2018 FOR PREFERRING APPEALS BEFORE TRIBUNAL BY THE REVEN UE. ON PERUSAL OF THE CIRCULAR NO. 3/2018 DATED 11.07.2018 AND THE MATERIALS AVAILABLE ON RECORD, LD. SR. DR COULD NOT POINT OUT AS TO HOW AND WHY SUCH A CIRCULAR IS NOT APPLICABLE TO THE FACTS OF THE CASE. WE ALSO FIND THAT THE CIRCULAR MAKES IT VERY CLEAR THA T THE REVISED MONETARY LIMITS SHALL APPLY RETROSPECTIVELY TO PEND ING APPEALS ALSO. WE FIND THAT THE CIRCULAR IS BINDING ON THE T AX AUTHORITIES. HENCE, WE HOLD THAT THE APPEAL OF THE REVENUE DESER VES TO BE DISMISSED IN TERMS OF LOW TAX EFFECT VIDE CIRCULAR NO. 3/2018 DATED 11.07.2018. ACCORDINGLY, THIS BEING A LOW TAX EFFECT CASE, WE DISMISS THIS APPEAL OF REVENUE IN LIMINE, AS UNADMI TTED, WITHOUT GOING INTO THE MERITS OF THE CASE. 4. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSE D. ORDER PRONOUNCED IN THE OPEN COURT ON 23.08.2018 SD/- SD/- (N.K.SAINI) (SUCHITRA KAMBLE) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 23.08.2018 *BR* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT TRUE COPY ASSISTANT REGISTRAR 3 ITA N O. 3919/DEL/2010 (EASTERN MEDIKIT LTD.) ITAT NEW DELHI DATE OF DICTATION 23.08.2018 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 23.08.2018 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER 23.08.2018 DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. PS/PS 23/08/2018 DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT 23/08/2018 DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/PS 23/08/2018 DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT /08/2018 DATE ON WHICH THE FILE GOES TO THE BENCH CLERK /08.2018 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER