ITO, New Delhi V. M/s Ajay Textiles Pvt. Ltd., New Delhi

ITA 4039/DEL/2016

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 7320 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 6 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-01-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2008-2009
• Appeal Filed On: 14-07-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH A NEW DELHI BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER AND SHRI O.P. KANT, ACCOUNTANT MEMBER I.T.A NO.4039/DEL/2016 ASSESSMENT YEAR: 2007-08 ITO, WARD-2(1), NEW DELHI. VS. M/S. AJAY TEXTILES PVT. LTD., B-38, SAGAR APARTMENTS, 6 TILAK MARG, NEW DELHI. TAN/PAN: AAACA0614M (APPELLANT) (RESPONDENT) APPELLANT BY: SHRI PRAVEEN KUMAR, SR.D.R. RESPONDENT BY: NONE DATE OF HEARING: 14 01 2019 DATE OF PRONOUNCEMENT: 14 01 2019 O R D E R PER AMIT SHUKLA, J.M.: THE AFORESAID APPEAL HAS BEEN FILED BY THE REVENUE AGAINST THE IMPUGNED ORDER DATED 03.05.2016 PASSED BY COMMISSIONER OF INCOME TAX (APPEALS)-I, NEW DELHI F OR THE ASSESSMENT YEAR 2008-09. 2. ADMITTEDLY, THE TOTAL INCOME ASSESSED BY THE ASS ESSING OFFICER IS RS.40,80,000/- ON WHICH TAX EFFECT IS MU CH BELOW THE NEW PRESCRIBED MONETARY LIMIT FOR FILING OF APP EAL BY THE DEPARTMENT BEFORE THE ITAT OF RS.20 LAC VIDE CBDT C IRCULAR NO. 03/2008 [F.NO.279/MISC.142/2007-ITJ (PT)] DATED 11 TH I.T.A. NO.4039/DEL/2016 2 JULY, 2018. ACCORDINGLY, THE APPEAL OF THE REVENUE IS DISMISSED AS NON MAINTAINABLE BECAUSE OF LOW TAX EF FECT. 3. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 14 TH JANUARY, 2019. SD/- SD/- [O.P. KANT] [AMIT SHUKLA] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 14 TH JANUARY, 2019 PKK: