ITO, Ward- 28(1), New Delhi V. Prashant Shani, New Delhi

ITA 4032/DEL/2017

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 3731 (ITAT-DELHI)
• Duration Of Justice: 4 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-10-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 19-06-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: K J S MEHTA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH SMC, NEW DELHI BEFORE SHRI R. K. PANDA, ACCOUNTANT MEMBER ITA NO.4032/DEL/2017 ASSESSMENT YEAR : 2010-11 ITO WARD-28(1), NEW DELHI VS. PRASHANT SHANI 67, FRIENDS COLONY (WEST) NEW DELHI- 110065 PAN : (APPELLANT) (RESPONDENT) ASSESSEE BY : SH. K.J.S. MEHTA, FCA REVENUE BY : SH. AMIT JAIN, SR. DR DATE OF HEARING : 23-10-2017 DATE OF PRONOUNCEMENT : 23 -10-2017 O R D E R PER R. K. PANDA, AM : THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINS T THE ORDER DATED 20 TH MARCH, 2017 OF THE CIT(A)-X, NEW DELHI RELATING TO ASSESSMENT YEAR 2010-11. 2. THE LD. COUNSEL FOR THE ASSESSEE, AT THE VERY OU TSET, SUBMITTED THAT THE TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENU E IS BELOW 10 LACS. THEREFORE, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE IN VIEW OF THE LATEST CBDT INSTRUCTION NO. 21/2015. 3. THE LD. DR FAIRLY CONCEDED THAT THE TAX EFFECT I NVOLVED IN THE GROUNDS RAISED BY THE REVENUE IS BELOW 10 LACS AND IN VIEW OF THE CBDT INSTRUCTION NO. 21/2015 DATED 10 DECEMBER, 2015 PRESCRIBING LIMIT F OR FILING APPEALS BEFORE THE TRIBUNAL WHICH IS APPLICABLE TO PENDING APPEALS, TH E APPEAL FILED BY THE REVENUE 2 ITA NO.4032/DEL/2017 (PRASHANT SHANI) IS NOT MAINTAINABLE. ACCORDINGLY THE APPEAL FILED B Y THE REVENUE IS DISMISSED ON ACCOUNT OF LOW TAX EFFECT. 4. IN THE RESULT THE APPEAL FILED BY THE REVENUE I S DISMISSED. (ORDER PRONOUNCED IN THE COURT AT THE TIME OF HEARI NG ITSELF I.E. ON 23.10.2017) SD/- SDSD/- S/- SD/- (R. K. PA NDA) ACCOUNTANT MEMBER DATED:23-10-2017 BINITA COPY OF ORDER TO: - 1) THE APPELLANT 2) THE RESPONDENT 3) THE DRP-IV, NEW DELHI 4) THE DR, I.T.A.T., NEW DELHI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT, NEW DELHI 3 ITA NO.4032/DEL/2017 (PRASHANT SHANI) S.NO. DETAILS DATE INITIALS DESIGNATION 1 DRAFT DICTATED ON 23.10.2017 SR. PS/PS 2 DRAFT PLACED BEFORE AUTHOR 2 3 . 10 .2017 SR. PS/PS 3 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER AM/AM 5 APPROVED DRAFT COMES TO THE SR. PS/PS SR. PS/PS 6 KEPT FOR PRONOUNCEMENT ON .2017 SR. PS/PS 7 DATE OF UPLOADING OF ORDER .2017 SR. PS/PS 8 FILE SENT TO BENCH CLERK .2017 SR. PS/PS 9 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 10 DATE ON WHICH FILE GOES TO THE A.R. 11 DATE OF DISPATCH OF ORDER