ITO, New Delhi V. Sh. Dinesh Kumar, New Delhi

ITA 4105/DEL/2011

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 6524 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 5 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-03-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 07-03-2016
• Assessment Year: 2007-2008
• Appeal Filed On: 09-09-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUSAN D GEORGE SENIOR
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH B : NEW DELHI) BEFORE SHRI R.S. SYAL, ACCOUNTANT MEMBER AND SHRI A.T. VARKEY, JUDICIAL MEMBER ITA NO.4105/DEL./2011 (ASSESSMENT YEAR : 2007-08) ITO, WARD 25 (2), VS. SHRI DINESH KUMAR, NEW DELHI. C 35/19, LAWRENCE ROAD INDL.AREA, NEW DELHI 110 035. (PAN : AANPK8598E) (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI V. RAJA KUMAR, ADVOCATE REVENUE BY : SHRI SUSAN D. GEORGE, SENIOR DR O R D E R PER A.T. VARKEY, JUDICIAL MEMBER : THIS APPEAL, AT THE INSTANCE OF THE REVENUE, IS FIL ED AGAINST THE ORDER OF THE CIT (APPEALS)-XXIV, NEW DELHI DATED 30.06.2011 FOR THE ASSESSMENT YEAR 2007- 08. 2. THE TAX EFFECT IN THE APPEAL BY THE REVENUE DOES NOT EXCEED THE MONETARY LIMIT OF RS.10 LAKHS SPECIFIED IN CIRCULAR NO.21/20 15 DATED 10 TH DECEMBER,2015, F.NO.279/MISC./142/2007-ITJ(PT.). 3. WE ARE OF THE OPINION THAT THE CIRCULAR OF THE C BDT RESULTS IN THE REVENUE APPEAL BEING NOT MAINTAINABLE. FURTHER THIS CBDT C IRCULAR, AT PARA 10 SPECIFIES THAT THE INSTRUCTION WILL APPLY RETROSPECTIVELY, TO ALL PENDING APPEALS. WE HAVE ITA NO.4105/DEL./2011 2 EXAMINED THE GROUNDS OF APPEAL AND HAVE FOUND THAT THE TAX EFFECT ON THE QUANTUM OF INCOME IN DISPUTE IS BELOW THE MONETARY LIMIT OF RS.10,00,000/- (RUPEES TEN LAKHS ONLY). 4. HENCE WE DISMISS THE APPEAL FILED BY THE REVENUE ON THE GROUND THAT THE TAX EFFECT IN THE PRESENT APPEAL DOES NOT EXCEED THE MO NETARY LIMIT SPECIFIED BY THE CBDT CIRCULAR NO.21/2015 DATED 10 TH DECEMBER,2015, F.NO. 279/MISC./142/2007- ITJ(PT.) AND HENCE NOT MAINTAINABLE. 5. IN CASE THERE IS A MISTAKE IN THE CALCULATION OR IF THE CASE IS COVERED BY ANY OF THE EXCEPTION SPECIFIED IN THE CIRCULAR, THE REVENU E MAY FILE MISC. APPLICATION U/S 254(2) OF THE INCOME TAX ACT 1961 POINTING OUT THE MISTAKE AND IF THE BENCH IS CONVINCED OF THE MISTAKE, THE ORDER WILL BE RECALLE D AND THE APPEAL WILL BE RESTORED FOR FRESH DISPOSAL ON MERITS. 6. IN THE RESULT, THE REVENUES APPEAL IS DISMISSED . ORDER PRONOUNCED IN OPEN COURT ON THIS 8 TH DAY OF MARCH, 2016. SD/- SD/- (R.S. SYAL) (A.T. VARKEY) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED THE 8 TH DAY OF MARCH, 2016 TS COPY FORWARDED TO: 1.APPELLANT 2.RESPONDENT 3.CIT 4.CIT(A)-XXIV, NEW DELHI. 5.CIT(ITAT), NEW DELHI. AR, ITAT NEW DELHI.