ACIT, New Delhi V. M/s. Van Oord ACZ India (P) Ltd., Mumbai

ITA 3967/DEL/2016

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 7401 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 9 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-05-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2010-2011
• Appeal Filed On: 08-07-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : G : NEW DELHI BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND MS SUCHITRA KAMBLE, JUDICIAL MEMBER ITA NO.3967/DEL/2016 ASSESSMENT YEAR: 2010-11 ACIT, CIRCLE-26(1), CR BUILDING, NEW DELHI. VS. VAN OORD ACZ INDIA (P) LTD., 6 TH FLOOR, SHANGHVI UDYAN, B-18, VAIKUNTHLAL MEHTA ROAD, JVPD SCHEME, MUMBAI. PAN: AABCV0555B (APPELLANT) (RESPONDENT) ASSESSEE BY : NONE REVENUE BY : SHRI N.K. BANSAL, SR.DR DATE OF HEARING : 01.05.2019 DATE OF PRONOUNCEMENT: 01.05.2019 ORDER PER R.K. PANDA, AM: THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 4 TH APRIL, 2016 OF THE CIT(A)-33, NEW DELHI, RELATING TO ASSESSMENT YE AR 2010-11. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE DESPITE NOTICE. WE, THEREFORE, PROCEEDED TO DISPOSE OF THE APPEAL AFTER HEARING TH E LD. DR. ITA NO.3967/DEL/2016 2 3. WE FIND, IN THE INSTANT CASE, THAT THE TAX EF FECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE IS BELOW RS.20 LAC AND, THEREFORE, IN V IEW OF THE RECENT CBDT CIRCULAR NO.03/2018 DATED 11 TH JULY, 2018, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE AND HAS TO BE DISMISSED. THE LD. DR FAIRLY CONCEDE D THAT THE TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE IS BELOW RS.20 LAC. WE, THEREFORE, HOLD THAT THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE IN VIEW OF THE CBDT CIRCULAR NO.03/2018 DATED 11 TH JULY, 2018 WHICH IS APPLICABLE EVEN TO PENDING APP EALS. HOWEVER, IF THE REVENUE, AT ANY POINT OF TIME, FINDS THAT THE CASE OF THE REVENUE FALLS UNDER ANY OF THE CLAUSES AS PER AMENDED PARA 10 OF THE SAID CIRCULAR , VIDE NOTIFICATION DATED 20 TH AUGUST, 2018, THE REVENUE IS AT LIBERTY TO FILE MIS CELLANEOUS APPLICATION FOR REVIVAL OF THE APPEAL. THE APPEAL FILED BY THE REVENUE IS, ACC ORDINGLY, DISMISSED. 4. IN THE RESULT, THE APPEAL FILED BY THE REV ENUE IS DISMISSED. THE DECISION WAS PRONOUNCED IN THE OPEN COURT ON 0 1.05.2019 AT THE TIME OF HEARING ITSELF. SD/- SD/- (SUCHITRA KAMBLE) (R.K. P ANDA) JUDICIAL MEMBER ACCOUNTANT MEMFBER DATED: 01 ST MAY, 2019 DK ITA NO.3967/DEL/2016 3 COPY FORWARDED TO 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ASSTT. REGISTRAR, ITAT, NEW DELHI