ACIT, Central Circle- 14, New Delhi V. Viramgam Mahesana Projects Pvt. Ltd., New Delhi

ITA 4063/DEL/2017

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 3712 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 3 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-10-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2012-2013
• Appeal Filed On: 19-06-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: KANV BALI SR AL REPRESENTATIVE
• Keywords: Tax effect
• Section: 254(2)

Judgement Text

ITA NO.- 4063/DEL/2017 M/S. VIRAMGAM MAHESANA PROJECTS PVT. LTD. PAGE 1 OF 4 IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH: G: NEW DELHI) BEFORE SMT. DIVA SINGH, JUDICIAL MEMBE R AND SHRI ANADEE NATH MISSHRA, ACCOUNTANT MEMBER ITA NO:- 4063/DEL/2017 ( ASSESSMENT YEAR: 2012-13) ACIT, CENTRAL CIRCLE-14, NEW DELHI. VS. M/S. VIRAMGAM MAHESANA PROJECTS PVT. LTD. E-9, 3 RD FLOOR, SOUTH EXTENSION PART-II, NEW DELHI-110049. PAN NO: AAGCR3705A APPELLANT RESPONDENT REVENUE BY : SHRI KANV BALI, SR. DEPARTMENTAL REPRESENTATIVE ASSESSEE BY : SHRI K. SAMPATH, ADV. PER ANADEE NATH MISSHRA, AM (A) THIS APPEAL BY REVENUE IS FILED AGAINST THE IMPUGN ED ORDER OF LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-XXVI, DELHI, [ LD. CIT(A), FOR SHORT], DATED 14.03.2017 FOR ASSESSMENT YEAR 2012-13. (B) AT THE OUTSET, IT WAS BROUGHT TO OUR NOTICE AT THE TIME OF HEARING, BY LEARNED COUNSEL FOR ASSESSEE, THAT TAX EFFECT IN THIS APPEA L IS BELOW RS. 50,00,000/-. VIDE RECENT CBDT CIRCULAR NO. 17/2019 DATED 08.08.2019 R EAD WITH EARLIER CBDT CIRCULAR NO. 3 OF 2018, DATED 11.07.2018, MINIMUM THRESHOLD LIM IT OF TAX EFFECT FOR FILING OF APPEALS ITA NO.- 4063/DEL/2017 M/S. VIRAMGAM MAHESANA PROJECTS PVT. LTD. PAGE 2 OF 4 BY REVENUE IN INCOME TAX APPELLATE TRIBUNAL (ITAT , FOR SHORT) HAS BEEN ENHANCED TO RS. 50,00,000/-. IN A SUBSEQUENT CLARIFICATION ISS UED BY CBDT VIDE F.NO. 279/MISC/M- 93/2018-ITJ, DATED 20/08/2019, IT HAS BEEN CLARIFIE D BY CBDT THAT THE AFORESAID REVISED MONETARY LIMIT IS ALSO APPLICABLE TO ALL PENDING AP PEALS IN ITAT. IN VIEW OF THE FOREGOING, IT WAS CONTENDED BY LD. COUNSEL FOR ASSE SSEE, THAT THIS APPEAL IS NOT MAINTAINABLE. LEARNED SENIOR DEPARTMENTAL REPRESEN TATIVE [LD. SR. DR, FOR SHORT) DID NOT DISPUTE THIS CONTENTION OF THE LD. AR FOR ASSES SEE; AND THE LD. SR. DR DID NOT PRESS THE APPEAL. THEREFORE, THIS APPEAL IS DISMISSED BE ING NOT PRESSED; AND ALSO BEING NOT MAINTAINABLE HAVING REGARD TO AFORESAID CBDT CIRCUL AR NO. 17/2019 DATED 08.08.2019 READ WITH AFORESAID CBDT CIRCULAR NO. 3 OF 2018 IN THE LIGHT OF AFORESAID CLARIFICATION DATED 20/08/2019. (C) BEFORE LEAVING, WE CLARIFY THAT REVENUE WILL BE AT LIBERTY TO APPROACH INCOME TAX APPELLATE TRIBUNAL U/S 254(2) OF INCOME TAX ACT, 1961 SEEKING RECALL OF THIS ORDER AND, FOR RESTORATION OF THIS A PPEAL IF IT IS FOUND THAT APPEAL OF REVENUE IS NOT COVERED BY AFORESAID CBDT CIRCULA RS DATED 08.08.2019 AND 11.07.2018. (D) IN THE RESULT, THIS APPEAL BY REVENUE IS DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON 12/10/2021 . SD/- SD/- (DIVA SINGH) (ANADEE NATH MISS HRA) JUDICIAL MEMBER ACCOUNTANT MEMBE R DATED: 12/10/2021 *BINITA* ITA NO.- 4063/DEL/2017 M/S. VIRAMGAM MAHESANA PROJECTS PVT. LTD. PAGE 3 OF 4 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI DATE OF DICTATION DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. PS/PS DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/PS DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT DATE ON WHICH THE FILE GOES TO THE BENCH CLERK DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER