ACIT, New Delhi V. M/s. I & E Advertising Pvt. Ltd., New Delhi

ITA 4019/DEL/2014

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 7082 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-07-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 17-05-2017
• Assessment Year: 2005-2006
• Appeal Filed On: 16-07-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH C , NEW DELHI BEFORE S H. R. K. PANDA , ACCOUNTANT MEMBER AND MS. SUCHITRA KAMBLE, JUDICIAL MEMBER ITA NO. 4019 TO 4024 /DEL/201 4 ASSESSMENT YEAR: 20 05 - 06 TO 2010 - 2011 ACIT CENTRAL CIRCLE 19 NEW DEL HI VS I & E ADVERTISING PVT. LTD. 373, 2 ND FLOOR, SANT NAGAR, EAST OF KAILASH, NEW DELHI 1100 6 5 PAN AAACI8669N (APPELLANT) (RESPONDENT) A SSESSEE BY SH. SHASHI TULSIYAN , ADVOCATE REVENUE BY S H . ARUN KUMAR YADAV, SR. DR DATE OF HEARING: 1 8 / 07 / 2018 DATE OF PRONOUNCEMENT: 18 / 0 7 /2018 ORDER PER R.K. PANDA, AM: 1. TH E ABOVE BATCH OF SIX APPEALS FILED BY THE REVENUE ARE DIRECTED AGAINST THE SEPARATE ORDERS DATED 13.04.2014 OF THE CIT (APPEALS) - XII, NEW DELHI RELATING TO A. Y. 20 05 - 06 TO 2010 - 11 RESPECTIVELY . SINCE IDENTICAL GROUNDS HAVE BEEN TAKEN BY THE REVENUE IN ALL THESE APPEALS, THEREFORE, ALL THESE APPEALS WERE HEARD TOGETHER AND ARE BEING DI SPOSED OF BY THIS COMMON ORDER FOR THE SAKE OF CONV E N IEN CE. 2 2 . THE LD. COUNSEL FOR THE ASSESSEE AT THE OUTSET SUBMITTED THAT THE TAX EFFECT IN ALL THE SIX APPEALS FILED BY THE R EVENUE ARE BELOW RS.20,00,000/ - . T HEREFORE, IN VIEW OF THE LATEST CBDT CIRCULAR NO.03/2018 [F.NO.279/MISC.142/2007 - ITJ (PT.)] DATED 11.07.201 8 REVIS ING THE MONETARY LIMIT TO RS.20,00,000/ - FOR FILING THE APPEALS BY THE DEPARTMENT BEFORE ITAT WHICH ARE APPLICABLE TO PENDING APPEALS ALSO, THE APPEALS FILED BY THE REVENUE SHOULD BE DISMISSED. 3. THE LD. DR ON THE OTHER HAND FAIRLY CONCEDED THAT THE TAX EFFECT ON THE A PPEALS FILED BY THE REVENUE IN EACH APPEAL IS BELOW RS.20,00,000/ - . 4. WE HAVE PERUSED THE MATERIAL AVAILABLE ON RECORD AND IT WAS SEEN THAT THE TAX EFFECT IN ALL THE SIX APPEALS FILED BY THE REVENUE AGAINST THE SEPARATE ORDERS OF THE CIT(A) ARE ADMITTED LY BELO W RS. 20,00,000/ - . THEREFORE, THE ADJOURNMENT APPLICATION FILED BY THE REVENUE IS REJECTED. 5. THE CBDT VIDE CIRCULAR NO.03/2018 DATED 11.07.201 8 HAS REVISED THE MONETARY LIMIT FOR FILING THE APPEALS BY THE DEPARTMENT BEFORE THE ITAT. AS PER PAR A 3 OF THE SAID CIRCULAR IT IS ALSO CLARIFIED THAT THE PENDING APPEALS OF THE DEPARTMENT BEFORE ITAT HAVING MONETARY LIMIT OF RS. 20,00,000/ - WILL BE TREATED AS WITHDRAWN. SINCE IN THE INSTANT CASE THE TAX EFFECT IN ALL THE SIX APPEALS FILED BY THE REVENU E IS ADMITTEDLY BELOW TO RS. 20,00,000/ - , THEREFORE, IN VIEW OF THE LATEST CBDT CIRCULAR CITED (SUPRA) ALL THE SIX APPEALS FILED BY THE REVENUE ARE DISMISSED. 6. IN THE RESULT, THE APPEAL S FILED BY THE REVENUE ARE DISMISSED. 3 ORDER PRONOUNCED IN THE OP EN COURT AT THE TIME OF HEARING I.E ON 18.07.2018 . SD/ - SD/ - (SUCHITRA KAMBLE ) (R.K. PANDA) JUDICIAL MEMBER ACCOUNTANT MEMBER *NEHA* DATE: - 1 8 .0 7 .2018 COPY FORWAR DED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(APPEALS) 5 . DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI 4 DATE OF DICTATION 18.07.2018 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEM BER 18.07.2018 DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.PS/PS 18.07.2018 DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT 18.07.2018 DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/ PS 18.07.2018 DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT 18.07.2018 DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 18.07.2018 DATE ON WHICH FILE GOES TO THE HEAD CLERK. THE DATE ON WHICH FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORD ER DATE OF DISPATCH OF THE ORDER 5