ACIT, New Delhi V. Mr. Bikram Vaish, New Delhi

ITA 4092/DEL/2016

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 9540 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 11 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-07-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 20-07-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P V GUPTA
• Keywords: Tax effect
• Section: 54F; 268A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: A NEW DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER & SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER ITA NO. 4092/DEL/2016 ASSESSMENT YEAR: 2012-13 ACIT CIRCLE 52(1) NEW DELHI. VS BIKRAM VAISH 25, HANUMAN ROAD, CONNAUGHT PLACE, NEW DELHI. PAN NO. AADPV1196K APPELLANT RESPONDENT REVENUE BY SHRI P.V. GUPTA, SR. DR ASSESSEE BY SHRI SOMIL AGARWAL, ADV. ORDER PER SHRI BHAVNESH SAINI, J.M. THIS APPEAL BY THE REVENUE HAS BEEN DIRECTED AGAINS T THE ORDER OF LD.CIT(APPEALS)-18, NEW DELHI DATED 01.04. 2016 FOR AY 2012-13, CHALLENGING THE ORDER OF LD. CIT(A) IN DEL ETING THE ADDITION OF RS. 87,05,130/- MADE BY AO ON ACCOUNT O F DISALLOWANCE U/S 54F OF THE I.T. ACT. 2. ADMITTEDLY, THE TAX EFFECT IN THE PRESENT APPEAL IS LESS THAN RS. 20 LAKHS. VIDE CIRCULAR NO. 3/2018 DATED 11 TH JULY, 2018 DATE OF HEARING 01.07.2019 DATE OF PRONOUNCEMENT 01.07.2019 2 ITA NO . 4092/DEL/2016 ISSUED BY CBDT U/S 268A OF THE I.T. ACT, IT HAS BEE N DIRECTED THAT THE DEPARTMENT SHALL NOT FILE APPEAL BEFORE THE TRI BUNAL IN CASE WHERE THE TAX EFFECT DOES NOT EXCEED THE MONETARY L IMIT OF RS. 20 LAKHS. IT IS ALSO DIRECTED THAT THIS INSTRUCTION WI LL APPLY RETROSPECTIVELY TO PENDING APPEALS AND APPEALS TO B E FILED HENCEFORTH IN TRIBUNALS. PENDING APPEALS BELOW THE SPECIFIED TAX LIMIT MAY BE WITHDRAWN/NOT PRESSED. THE LD. DR IN V IEW OF THE BOARDS CIRCULAR ABOVE DID NOT PRESS THE DEPARTMENT AL APPEAL. THE CASE OF THE DEPARTMENT WOULD NOT FALL IN THE EX CEPTIONS PROVIDED IN THE ABOVE BOARD CIRCULAR. IN THE RESULT , THE DEPARTMENTAL APPEAL IS NOT MAINTAINABLE AS THE APPE AL IS FILED AGAINST THE BOARD INSTRUCTIONS REFERRED TO ABOVE AN D, THEREFORE, THE APPEAL OF THE DEPARTMENT IS LIABLE TO BE DISMIS SED. 3. IN THE RESULT, APPEAL OF THE DEPARTMENT IS DISMI SSED. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (PRASHANT MAHARISHI) (BHAVNESH S AINI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 01/07/2019 *KAVITA ARORA 3 ITA NO . 4092/DEL/2016 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT TRUE COPY ASSISTANT REGISTRAR ITAT NEW DELHI DATE OF DICTATION 01.07.2019 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 01.07.2019 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. P S/PS 02.07.2019 DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 01.07.2019 DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/PS 02.07.2019 DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WE BSITE OF ITAT 02.07.2019 DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 02.0 7.2019 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER 4 ITA NO . 4092/DEL/2016