ITO, Ward-35(2), New Delhi V. Unique HRV Residency, Delhi

ITA 3949/DEL/2018

• Counselvise Citation: [2018] 121 COUNSELVISE.COM (IT) 9013 (ITAT-DELHI)
• Duration Of Justice: 4 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-10-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2013-2014
• Appeal Filed On: 24-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DR ANJULA JAIN
• Keywords: Tax effect
• Section: 68

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES SMC : DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER ITA.NO.3949/DEL./2018 ASSESSMENT YEAR 2013-2014 THE INCOME TAX OFFICER, WARD-35(2), ROOM NO.907, 9 TH FLOOR, E-2 BLOCK, CIVIC CENTRE, J.L. NEHRU MARG, NEW DELHI 110 002. VS. M/S. UNIQUE HRV RESIDENCY, K-16, GAUR GREEN AVENUE, ABHAY KHAND 2 INDIRAPURAM, GHAZIABAD. U.P. 201 010. PAN AACFU9280G (APPELLANT) (RESPONDENT) FOR REVENUE : DR. ANJULA JAIN, SR. D.R. FOR ASSESSEE : - NONE - DATE OF HEARING : 16 . 1 0.2018 DATE OF PRONOUNCEMENT : 16 . 10 .2018 ORDER PER BHAVNESH SAINI, J.M. THIS APPEAL BY REVENUE HAS BEEN DIRECTED AGAINST THE ORDER OF THE LD. CIT(A)-12, NEW DELHI, DATED 19.01.2018, FOR THE A.Y. 2013-2014, CHALLENGING THE DELETION OF ADDITION OF RS.33,71,387/- UNDER SECTION 68 OF THE I.T. ACT, 1961. 2 ITA.NO.3949/DEL./2018 UNIQUE HRV RESIDENCY, GHAZIABAD, UTTAR PRADESH. 2. I HAVE HEARD THE LEARNED D.R. ADMITTEDLY, THE TAX EFFECT IN THE DEPARTMENTAL APPEAL IS LESS THAN RS.20 LAKHS. VIDE CIRCULAR NO. 3 OF 2018 DATED 11.07.2018 ISSUED BY CBDT UNDER SECTION 268A OF THE I.T. ACT, IT HAS BEEN DIRECTED THAT DEPARTMENT SHALL NOT FILE APPEAL BEFORE THE TRIBUNAL IN CASE WHERE THE TAX EFFECT DOES NOT EXCEED THE MONETARY LIMIT OF RS.20 LAKHS. IT IS ALSO DIRECTED THAT THIS INSTRUCTION WILL APPLY RETROSPECTIVELY TO THE PENDING APPEALS AND APPEALS TO BE FILED HENCEFORTH IN THE TRIBUNAL. PENDING APPEALS BELOW THE SPECIFIED TAX EFFECT MAY BE WITHDRAWN/NOT PRESSED. LEARNED SR. D.R. IN VIEW OF THE ABOVE BOARD CIRCULAR DID NOT PRESS THE DEPARTMENTAL APPEAL. I MAY ALSO NOTE THAT THE APPEAL OF THE DEPARTMENT ABOVE WOULD NOT FALL WITHIN THE EXCEPTIONS PROVIDED IN THE BOARD CIRCULAR. IN THE RESULT, THE DEPARTMENTAL APPEAL IS NOT MAINTAINABLE AS HAVE BEEN FILED AGAINST THE INSTRUCTION OF THE BOARD. THE DEPARTMENTAL APPEAL IS DISMISSED AS WITHDRAWN/NOT PRESSED BY THE LEARNED SR. D.R. 3 ITA.NO.3949/DEL./2018 UNIQUE HRV RESIDENCY, GHAZIABAD, UTTAR PRADESH. 4. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT. SD/- (BHAVNESH SAINI) JUDICIAL MEMBER DATED 16 TH OCTOBER, 2018 VBP/- COPY TO 1. THE APP ELLANT 2. THE RESPONDENT 3. CIT(A) CONCERNED 4. CIT CONCERNED 5. D.R. ITAT SMC BENCH, DELHI 6. GUARD FILE. // BY ORDER // ASSISTANT REGISTRAR : ITAT DELHI BENCHES : DELHI.