DCIT, New Delhi V. Sh. Ajay Gupta, Delhi

ITA 3986/DEL/2010

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 6806 (ITAT-DELHI)
• Duration Of Justice: 5 year(s) 5 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-02-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 15-02-2016
• Assessment Year: 2005-2006
• Appeal Filed On: 26-08-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAVI JAIN
• Assessee Lawyers: A K JAIN
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH A, NEW DELHI BEFORE SHRI S.V. MEHROTRA, ACCOUNTANT MEMBER AND SH. SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER ITA NO. 3986/DEL/2010 AY: 20 05-06 ITA NO. 4083/DEL/2010 AY: 20 06-07 DCIT, VS AJAY GUPTA, CENTRAL CIRCLE 15, A-2/14A, ROOM NO.344, MODEL TOWN-1, ARA CENTRE, DELHI. E-2, JHANDEWALAN EXTN., NEW DELHI. (PAN: AAJPG0481E) (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI RAVI JAIN, CIT DR RESPONDENT BY : SHRI A.K. JAIN, CA ORDER PER SUDHANSHU SRIVASTAVA, JM THESE APPEALS FILED BY THE REVENUE ARE DIRECTED AGA INST THE ORDER DATED 11.6.2010 AND 21.6.2010 RESPECTIVELY OF LD. CIT(A)-II, NEW DELHI FOR ASSESSMENT YEARS 2005-06 AND 2006-07. 2. THE TAX EFFECT IN THESE APPEALS BY THE REVENUE DOES NOT EXCEED THE MONETARY LIMIT OF RS.10 LAKHS SPECIFIED IN RECENT C BDT CIRCULAR NO.21/2015 DATED 10 TH DECEMBER, 2015, F.NO. 279/MISC./142/2007-ITJ(PT.) READ WITH S.268 A OF THE INCOME TAX ACT 1961. FURTHER IN THIS CBDT CIRCULAR, AT PARA 10 IT IS SPECIFIED THAT THE INSTRUCTION WILL APPLY RETROSPECTIVELY, TO ALL PENDING APPEALS. I.T.A. NO.3986 & 4083/D/2010 ASSESSMENT YEAR 2005-06 & 2006-07 2 3. THE LD. D.R. COULD NOT CONTROVERT THE FACT THAT THE TAX EFFECT ON THE QUANTUM OF INCOME IN DISPUTE IS BELOW THE MONETARY LIMIT OF RS.10,00,000/- (TEN LAKHS ONLY). 4. HENCE WE DISMISS THIS APPEALS FILED BY THE REVENUE ON THE GROUND THAT THE TAX EFFECT IN THE PRESENT APPEALS DOES NOT EXCEED THE MONETARY LIMIT SPECIFIED BY THE CBDT CIRCULAR NO.21/2015 DATED 10 TH DECEMBER,2015, F.NO. 279/MISC./142/2007-ITJ(PT.) READ WITH S.268 A OF THE INCOME TAX ACT 1961, AND HENCE NOT MAINTAINABLE. 5. IN CASE THERE IS A MISTAKE IN THE CALCULATION OR I F THE CASE IS COVERED BY ANY OF THE EXCEPTION SPECIFIED IN THE CIRCULAR, THE REVENUE MAY FILE A MISC. APPLICATION U/S 254(2) OF THE INCOME TAX ACT 1961 POINTING OUT THE MISTAKE AND IF THE BENCH IS CONVINCED OF THE MISTAK E, THIS ORDER WILL BE RECALLED AND THE APPEALS RESTORED FOR FRESH DISPOSA L ON MERITS. 6. IN THE RESULT, THE REVENUES APPEALS ARE DISMISSE D. ORDER PRONOUNCED IN THE OPEN COURT ON 16TH OF FEBR UARY, 2016. SD/- SD/- (S.V. MEHROTRA) (SUDHANSHU SRIVASTAVA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: THE 16TH OF FEBRUARY, 2016 GS I.T.A. NO.3986 & 4083/D/2010 ASSESSMENT YEAR 2005-06 & 2006-07 3 COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT TRUE COPY BY ORDER ASSISTANT REGISTRAR