ACIT, Central circle-19, New Delhi V. Pilot Industries Ltd., New Delhi

ITA 4054/DEL/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 0325 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 1 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-06-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2010-2011
• Appeal Filed On: 06-05-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: JAGDISH SINGH SENIOR
• Keywords: Tax effect
• Section: 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL DELHI DELHI DELHI DELHI FRIDAY BENCH FRIDAY BENCH FRIDAY BENCH FRIDAY BENCH A AA A : NEW DELHI : NEW DELHI : NEW DELHI : NEW DELHI (THROUGH VIDEO CONFERENCING) (THROUGH VIDEO CONFERENCING) (THROUGH VIDEO CONFERENCING) (THROUGH VIDEO CONFERENCING) BEFORE SHRI G.S. PANNU BEFORE SHRI G.S. PANNU BEFORE SHRI G.S. PANNU BEFORE SHRI G.S. PANNU, ,, , VICE PRESIDENT AND VICE PRESIDENT AND VICE PRESIDENT AND VICE PRESIDENT AND SHRI SUDHANSHU SRIVASTAVA SHRI SUDHANSHU SRIVASTAVA SHRI SUDHANSHU SRIVASTAVA SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER , JUDICIAL MEMBER , JUDICIAL MEMBER , JUDICIAL MEMBER ITA NO. ITA NO. ITA NO. ITA NO. 4054 4054 4054 4054 /DEL/201 /DEL/201 /DEL/201 /DEL/201 9 99 9 ASSESSMENT YEAR ASSESSMENT YEAR ASSESSMENT YEAR ASSESSMENT YEAR : : : : 201 201 201 201 0 00 0 - -- - 11 1111 11 ASSISTANT COMM ASSISTANT COMM ASSISTANT COMM ASSISTANT COMM ISSIONER OF ISSIONER OF ISSIONER OF ISSIONER OF INCOME TAX, INCOME TAX, INCOME TAX, INCOME TAX, CIRCLE CIRCLE CIRCLE CIRCLE- -- -19, 19, 19, 19, ROOM NO.273, 2 ROOM NO.273, 2 ROOM NO.273, 2 ROOM NO.273, 2 ND NDND ND FLOOR, FLOOR, FLOOR, FLOOR, ARA CENTRE, ARA CENTRE, ARA CENTRE, ARA CENTRE, JHANDEWALAN EXTN., JHANDEWALAN EXTN., JHANDEWALAN EXTN., JHANDEWALAN EXTN., NEW DELHI NEW DELHI NEW DELHI NEW DELHI 110 055. 110 055. 110 055. 110 055. VS. VS. VS. VS. M/S PILOT INDUSTRIES LIMITED, M/S PILOT INDUSTRIES LIMITED, M/S PILOT INDUSTRIES LIMITED, M/S PILOT INDUSTRIES LIMITED, SS SSSS SS- -- -02 AND 03, 2 02 AND 03, 2 02 AND 03, 2 02 AND 03, 2 ND NDND ND FLOOR, FLOOR, FLOOR, FLOOR, ADITYA MEGA MALL, CBD GROUND, ADITYA MEGA MALL, CBD GROUND, ADITYA MEGA MALL, CBD GROUND, ADITYA MEGA MALL, CBD GROUND, EAST DELHI EAST DELHI EAST DELHI EAST DELHI 110 092. 110 092. 110 092. 110 092. PAN : AAACP0655R. PAN : AAACP0655R. PAN : AAACP0655R. PAN : AAACP0655R. (APPEL LANT) (RESPONDENT) APPELLANT BY : SHRI JAGDISH SINGH, SENIOR DR. RESPONDENT BY : NONE. DATE OF HEARING : 19 1919 19.06.2020 .06.2020 .06.2020 .06.2020 DATE OF PRONOUNCEMENT : 19.06.2020 19.06.2020 19.06.2020 19.06.2020 ORDER ORDER ORDER ORDER PER G.S. PANNU PER G.S. PANNU PER G.S. PANNU PER G.S. PANNU, , , , VP VPVP VP : :: : THIS APPEAL BY THE REVENUE FOR THE ASSESSMENT YEAR 2010-11 IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(A)-27, NE W DELHI DATED 26 TH FEBRUARY, 2019. 2. IT IS OBSERVED THAT THE TAX EFFECT IN THIS APPEA L BY THE REVENUE IS BELOW `50 LAKHS. THE CBDT IN ITS CIRCULAR NO.17/20 19 DATED 8 TH AUGUST, 2019 HAS REVISED THE MONETARY LIMIT FOR FILING OF T HE DEPARTMENTAL APPEALS TO THE ITAT AT `50 LAKHS. 3. LEARNED SENIOR DR AGREED THAT THE TAX EFFECT IN THIS APPEAL OF THE REVENUE IS BELOW `50 LAKHS. ITA-4054/DEL/2019 2 4. IN VIEW OF THE ABOVE POSITION, WE DEEM IT PROPER TO DISMISS THE APPEAL OF THE REVENUE IN THE LIGHT OF THE CIRCULAR NO.17/2019 OF THE CBDT DATED 8 TH AUGUST, 2019, AS NOT MAINTAINABLE. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ABOVE DECISION WAS ANNOUNCED IN THE PRESENCE OF LEA RNED DR ON CONCLUSION OF VIRTUAL HEARING ON 19 TH JUNE, 2020. SD/- SD/- ( (( ( SUDHANSHU SRIVASTAVA SUDHANSHU SRIVASTAVA SUDHANSHU SRIVASTAVA SUDHANSHU SRIVASTAVA ) )) ) (G.S. PANNU (G.S. PANNU (G.S. PANNU (G.S. PANNU ) )) ) JUDICIAL JUDICIAL JUDICIAL JUDICIAL MEMBER MEMBER MEMBER MEMBER VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT VK. COPY FORWARDED TO: - 1. APPELLANT : ASSISTANT COMMISSIONER OF INCOME T AX, ASSISTANT COMMISSIONER OF INCOME TAX, ASSISTANT COMMISSIONER OF INCOME TAX, ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE CIRCLE CIRCLE CIRCLE- -- -19, ROOM NO.273, 2 19, ROOM NO.273, 2 19, ROOM NO.273, 2 19, ROOM NO.273, 2 ND NDND ND FLOOR, ARA CENTRE, FLOOR, ARA CENTRE, FLOOR, ARA CENTRE, FLOOR, ARA CENTRE, JHANDEWALAN EXTN., NEW DELHI JHANDEWALAN EXTN., NEW DELHI JHANDEWALAN EXTN., NEW DELHI JHANDEWALAN EXTN., NEW DELHI 110 055. 110 055. 110 055. 110 055. 2. RESPONDENT : M/S PILOT INDUSTRIES LIMITED, M/S PILOT INDUSTRIES LIMITED, M/S PILOT INDUSTRIES LIMITED, M/S PILOT INDUSTRIES LIMITED, SS SSSS SS- -- -02 AND 03, 2 02 AND 03, 2 02 AND 03, 2 02 AND 03, 2 ND NDND ND FLOOR, ADITYA MEGA MALL, FLOOR, ADITYA MEGA MALL, FLOOR, ADITYA MEGA MALL, FLOOR, ADITYA MEGA MALL, CBD GROUND, EAST DELHI CBD GROUND, EAST DELHI CBD GROUND, EAST DELHI CBD GROUND, EAST DELHI 110 092. 110 092. 110 092. 110 092. 3. CIT 4. CIT(A) 5. DR, ITAT ASSISTANT REGISTRAR