ACIT, New Delhi V. Sh. C.L. Sharma, New Delhi

ITA 3954/DEL/2012

• Counselvise Citation: [2017] 130 COUNSELVISE.COM (IT) 6652 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 6 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-02-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2006-2007
• Appeal Filed On: 30-07-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: NIPPUN MITTAL
• Keywords: Tax effect

Judgement Text

I.T.A .NO.-3954/DEL/2012 ACIT VS C.L.SHARMA IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: B NEW DELHI BEFORE SMT DIVA SINGH, JUDICIAL MEMBER AND SH.O.P.KANT, ACCOUNTANT MEMBER I.T.A .NO.-395 4/DEL/2012 (ASSESSMENT YEAR- 2006-07) ACIT, CIRCLE-22, NEW DELHI. (APPELLANT) VS C.L.SHARMA, 8, LOCAL SHOPPING CENTRE, IIND/IIIRD FLOOR, VARDHMAN SIDDHARTH PLAZA, SAVITA VIHAR, NEW DELHI-110092. PAN-AATPS2067C (RESPONDENT) APPELLANT BY MS.RACHNA SINGH, CIT DR RESPONDENT BY SH.NIPPUN MITTAL, CA DATE OF HEARING 14.12.2016 DATE OF PRONOUNCEMENT 15 .02. 201 7 ORDER PER DIVA SINGH, JM THE PRESENT APPEAL HAS BEEN FILED BY THE REVENUE AS SAILING THE CORRECTNESS OF THE ORDER DATED 08.05.2012 OF CIT(A)-III, DELHI PER TAINING TO 2006-07 ASSESSMENT YEAR. 2. IT WAS A COMMON STAND OF THE PARTIES BEFORE THE BENCH THAT THE TAX EFFECT IN THE PRESENT APPEAL IS WELL BELOW RS.10 LAKH. WE HA VE CONSIDERED THE MATERIAL AVAILABLE ON RECORD. WE FIND THAT THE APPEAL HAS BE EN PREFERRED BY THE REVENUE IN VIOLATION OF CIRCULAR NO.21/2015 DATED 10 TH DECEMBER, 2015 OF CBDT. BY THE AFORESAID CIRCULAR, THE PECUNIARY LIMIT FOR FILING THE APPEAL BEFORE THE ITAT HAS BEEN PRESCRIBED BEYOND RS.10 LAKH. PARA 3 OF THE AFORES AID CIRCULAR HAS BEEN MADE APPLICABLE VIDE PARA 10 RETROSPECTIVELY. CONSIDERI NG THE SETTLED LEGAL PRECEDENT THAT THE BOARDS INSTRUCTIONS OR DIRECTIONS ISSUED TO TH E INCOME TAX AUTHORITIES U/S 268A OF THE INCOME TAX ACT, 1961 ARE BINDING ON THE AUTHORITIES, WE HOLD THAT THE APPEAL IS NON-MAINTAINABLE. PAGE 2 OF 2 I.T.A .NO.-3954/DEL/2012 ACIT VS C.L.SHARMA 3. IN VIEW OF THE ABOVE DISCUSSION, THE PRESENT APP EAL PREFERRED BY THE REVENUE IN VIOLATION OF CBDT CIRCULAR NO.21/2015 (CITED SUP RA) IS NOT MAINTAINABLE AND HENCE, THE SAME IS DISMISSED AS SUCH MAKING IT CLEA R THAT SINCE THE PRESENT APPEAL HAS NOT BEEN DISPOSED OF ON MERITS, BUT DUE TO THE ABOVE REASON, THIS ORDER WILL NOT HAVE ANY JUDICIAL PRECEDENCE. ACCORDINGLY, THE APPE AL OF THE REVENUE IS DISMISSED AS NON-MAINTAINABLE. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 15 TH FEBRUARY, 2017. SD/- SD/- (O.P.KANT) (DIVA SING H) ACCOUNTANT MEMBER JUDICIAL MEMBER *AMIT KUMAR* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT AS SISTANT REGISTRAR ITAT NEW DELHI