DCIT, New Delhi V. M/s. Ventee Fine Foods Lt d, New Delhi

ITA 4080/DEL/2009

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 4187 (ITAT-DELHI)
• Duration Of Justice: 8 year(s) 10 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: I1
• Next Hearing Date: 24-07-2017
• Assessment Year: 2002-2003
• Appeal Filed On: 08-10-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: I-1 NEW DELHI BEFORE SHRI N.K.SAINI, ACCOUNTANT MEMBER & SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER ITA NO.-4080/DEL/2009 ( ASSESSMENT YEAR: 2002-03) DCIT CIRCLE-17(1) C.R.BUILDING NEW DELHI VS VENTEE FINE FOODS LTD. 552, 5 TH FLOOR, B-TOWER, AGGARWAL CYBER PLAZA, WAZIRPUR, DISTT. CENTRE NETAJI SUBHASH PLACE, PITAM PURA NEW DELHI ASSESSEE BY SH. NEERAJ JAIN, ADV. & MR. SAHIL SHARMA, CA REVENUE BY SH. KUMAR PRANAV, SR. DR ORDER PER SUDHANSHU SRIVASTAVA, J.M. THIS APPEAL IS FILED BY THE DEPARTMENT AGAINST ORDE R DATED 29.07.2009 PASSED BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS), FARIDABAD FOR ASSESSMENT YEAR 2002-03. 2. AT THE OUTSET, IT IS BROUGHT TO OUR NOTICE THAT THE QUANTUM INVOLVED IN THIS CASE BEING LESS THAN RS. 20 LACS, SQUARELY FALLS WITHIN THE AMBIT OF CIRCULAR NO. 3/2018 DATED 11.07 .2018 ISSUED BY THE CENTRAL BOARD OF DIRECT TAXES PRESCRIBING TH E TAX EFFECT FOR PREFERRING APPEALS BEFORE TRIBUNAL BY THE REVENUE. DATE OF HEARING 16.08.2018 DATE OF PRONOUNCEMENT 16 .0 8 .201 8 2 ITA N O. 4080/DEL/2009 3. AFTER PERUSING THE MATERIALS AVAILABLE ON RECORD , WE FIND THAT THE AMOUNT DISPUTED BEFORE US IS BELOW THE TAX EFFE CT LIMIT PRESCRIBED BY CBDT VIDE CIRCULAR NO. 3/2018 DATED 1 1.07.2018 FOR PREFERRING APPEALS BEFORE TRIBUNAL BY THE REVEN UE. ON PERUSAL OF THE CIRCULAR NO. 3/2018 DATED 11.07.2018 AND THE MATERIALS AVAILABLE ON RECORD, LD. SR. DR COULD NOT POINT OUT AS TO HOW AND WHY SUCH A CIRCULAR IS NOT APPLICABLE TO THE FACTS OF THE CASE. WE ALSO FIND THAT THE CIRCULAR MAKES IT VERY CLEAR THA T THE REVISED MONETARY LIMITS SHALL APPLY RETROSPECTIVELY TO PEND ING APPEALS ALSO. WE FIND THAT THE CIRCULAR IS BINDING ON THE T AX AUTHORITIES. HENCE, WE HOLD THAT THE APPEAL OF THE REVENUE DESER VES TO BE DISMISSED IN TERMS OF LOW TAX EFFECT VIDE CIRCULAR NO. 3/2018 DATED 11.07.2018. ACCORDINGLY, THIS BEING A LOW TAX EFFECT CASE, WE DISMISS THIS APPEAL OF REVENUE IN LIMINE, AS UNADMI TTED, WITHOUT GOING INTO THE MERITS OF THE CASE. 4. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISS ED. ORDER PRONOUNCED IN THE OPEN COURT ON 16.08.2018 SD/- SD/- (N.K.SAINI) (SUDHANSHU SRI VASTAVA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 16.08.2018 *BR* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT 3 ITA N O. 4080/DEL/2009 TRUE COPY ASSISTANT REGISTRAR ITAT NEW DELHI