ACIT, New Delhi V. Smt. Abha Uberoi, New Delhi

ITA 3980/DEL/2014

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 3632 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 8 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-04-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 05-04-2017
• Assessment Year: 2010-2011
• Appeal Filed On: 11-07-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S K JAIN
• Keywords: Retrospective amendment; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : A , NEW DELHI BEFORE SH. C.M. GARG , JUDICIAL M EMBER AND SH. O.P. KANT , ACCOUNTANT MEMBER ITA NO. 3980 / DEL/ 2014 ASSESSMENT YEAR: 2010 - 11 ACIT, CIRCLE - 32(1), NEW DELHI VS. SMT. ABHA UBEROI, D - 113, GROUND FLOOR, DEFENCE COLONY, NEW DELHI PAN : AAAPU5505G (APPELLANT) (RESPONDENT) AND C.O. NO. 117/DEL/2015 (IN ITA NO. 3980/DEL/2014) ASSESSMENT YEAR: 2010 - 11 SMT. ABHA UBEROI , D - 113, GROUND FLOOR, DEFENCE COLONY, NEW DELHI VS. ACIT, CIRCLE - 32(1), NEW DELHI PAN : AAAPU5505G (APPELLANT) (RESPONDENT) DEPARTMENT BY SH. S.K. JAIN, SR. DR ASSESSEE BY SH. SANJAY SOOD, CA DATE OF HEARING 05.04.2017 DATE OF PRONOUNCEMENT 05.04.2017 ORDER PER O.P. KANT , A. M. : THIS APPEAL BY THE REVENUE AND THE CROSS OBJECTIONS BY THE ASSESSEE ARE DIRECTED AGAINST THE ORDER OF LEARNED COMMISSIONER OF INCOME TAX (APPEALS) - XXVI , NEW DELHI, DATED 29.04.2014 IN RELATION TO ASSESSMENT YEAR 2010 - 11 . 2. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE RELEVANT MATERIAL ON RECORD. IT IS NOTICED THAT THE CBDT HAS ISSUED CIRCULAR NO. 21 OF 2015 DATED 10.12.2015 WITH RETROSPECTIVE EFFECT, REVISING THE MONETARY LIMIT TO RS.10,00,000/ - FOR NOT FILING APPEALS BEFORE THE TRIBUNAL. LEARNED CIT(DR) COULD NOT CONTROVERT THE FACT THAT TAX EFFECT INVOLVED IN THE APPEAL IS LESS THAN RS.10,00,000/ - . 2 ITA NO . 3980/DEL/2014 & C.O. NO. 117/DEL/2015 3. FROM PARA 10 OF THE ABOVE CIRCULAR, IT IS PALPABLE THAT THE INSTRUCTION IS APPLICABLE TO THE PENDING APPEALS ALSO WITH RETR OSPECTIVE EFFECT AND THERE IS A CLEAR - CUT DIRECTION TO THE DEPARTMENT TO WITHDRAW OR NOT PRESS SUCH APPEALS FILED BEFORE THE ITAT, WHEREIN TAX EFFECT IS LESS THAN RS.10,00,000/ - . GOING BY THE PRESCRIPTION OF THE AFORE - NOTED CIRCULAR, WE ARE OF THE VIEW THA T THE REVENUE SHOULD HAVE EITHER NOT FILED THE INSTANT APPEAL BEFORE THE TRIBUNAL OR WITHDRAWN THE SAME AS THE TAX EFFECT IN THIS APPEAL IS ADMITTEDLY LESS THAN THE PRESCRIBED LIMIT I.E. RS. 10,00,000/ - FOR NOT FILING THE APPEAL. ACCORDINGLY , WE DISMISS TH E INSTANT APPEAL W ITHOUT GOING INTO MERITS OF THE CASE. HOWEVER, THE DEPARTMENT IS AT LIBERTY TO FILE THE MISCELLANEOUS APPLICATION, IF THE TAX EFFECT IS FOUND TO BE MORE THAN THE PRESCRIBED LIMITED OF RS. 10 LACS OR OTHERWISE. 5. AS REGARDS THE CROSS OBJECTIONS FILED BY THE ASSESSEE, LEARNED COUNSEL FOR THE ASSESSEE DID NOT PRESS THE SAME. ACCORDINGLY, THE CROSS OBJECTIONS ARE DISMISSED. 6. IN THE RESULT, THE APPEAL FILED BY THE REVENUE AS WELL AS THE CROSS OBJECTION FILED BY THE ASSESSEE ARE DISMISSED. THE DECISION IS PRONOUN CED IN THE OPEN COURT ON 5 T H APRIL , 201 7 . S D / - S D / - ( C.M. GARG ) ( O.P. KANT ) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 5 T H APRIL , 201 7 . RK / - COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ASST. REGISTRAR, ITAT, NEW DELHI