ACIT, CENTRAL CIRCLE- 17, New Delhi V. SDB Infrastructure Pvt. Ltd., New Delhi

ITA 4011/DEL/2018

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 4237 (ITAT-DELHI)
• Duration Of Justice: 5 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-11-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2014-2015
• Appeal Filed On: 25-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 14A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES G : DELHI BEFORE SHRI BHAVNESH SAINI, J.M. AND SHRI PRASHANT MAHARISHI, A.M. ITA.NO.4011/DEL./2018 ASSESSMENT YEAR 2014-2015 THE ACIT, CENTRAL CIRCLE - 17, ROOM NO.103, 1 ST FLOOR, HALL NO.1, ARA CENTRE, E-2 BLOCK, JHANDEWALAN, NEW DELHI 110 055. VS. M/S. SDB INFRASTRUCTURE (P) LTD., 56-58, COMMUNITY CENTRE, EAST OF KAILASH, NEW DELHI 110 065. PAN AAECS6429C (APPELLANT) (RESPONDENT) FOR REVENUE : - NONE - FOR ASSESSEE : SHRI BALDEV RAJ, C.A. DATE OF HEARING : 26 . 1 0.2018 DATE OF PRONOUNCEMENT : 01 . 11 .2018 ORDER PER BHAVNESH SAINI, J.M. THIS APPEAL BY REVENUE HAS BEEN DIRECTED AGAINST THE ORDER OF THE LD. CIT(A)-27, NEW DELHI, DATED 09.03.2018, FOR THE A.Y. 2014-2015, CHALLENGING THE DELETION OF ADDITION OF RS.48,53,405/- ON ACCOUNT OF DISALLOWANCE UNDER SECTION 14A OF THE I.T. ACT, 1961. 2 ITA.NO.4011/DEL./2018 M/S. SDB INFRASTRUCTURE (P) LTD., NEW DELHI. 2. THE ASSESSEE MOVED AN APPLICATION FOR EARLY HEARING OF THE APPEAL BECAUSE THE TAX EFFECT IN THE DEPARTMENTAL APPEAL IS BELOW RS.20 LAKHS. HOWEVER, NONE APPEARED ON BEHALF OF THE REVENUE. THE CLAIM OF ASSESSEE IS THAT THE TAX EFFECT IS BELOW RS.20 LAKHS HAVE NOT BEEN DISPUTED. 3. 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 PENDING APPEALS BELOW THE SPECIFIED TAX EFFECT MAY BE WITHDRAWN/NOT PRESSED. WE 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 3 ITA.NO.4011/DEL./2018 M/S. SDB INFRASTRUCTURE (P) LTD., NEW DELHI. AGAINST THE INSTRUCTION OF THE BOARD. THE DEPARTMENTAL APPEAL IS DISMISSED. 4. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (PRASHANT MAHARISHI) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER DELHI, DATED 01 ST NOVEMBER, 2018 VBP/- COPY TO 1. THE APP ELLANT 2. THE RESPONDENT 3. CIT(A) CONCERNED 4. CIT CONCERNED 5. D.R. ITAT G BENCH, DELHI 6. GUARD FILE. // BY ORDER // ASSISTANT REGISTRAR : ITAT DELHI BENCHES : DELHI.