ACIT, CIRCLE- 34(1), New Delhi V. Punjab Stainless Steel Industries, New Delhi

ITA 4140/DEL/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 6650 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 10 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-04-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2014-2015
• Appeal Filed On: 30-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AGAINST DATED PASSED
• Assessee Lawyers: RESPECTIVELY; CITA ASSESSMENT YEAR
• Keywords: Tax effect

Judgement Text

1 ITA NOS. 4139 & 4140/DEL/2018 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: F NEW DELHI BEFORE SHRI R. K. PANDA ACCOUNTANT MEM BER AND MS SUCHITRA KAMBLE, JUDI CIAL MEMBER I.T.A. NO. 4139/DEL/2018 (A.Y 2013-14) & I.T.A. NO. 4140/DEL/2018 (A.Y 2014-15) (THROUGH VIDEO CONFE RENCING) ACIT CIRLCE-34(1) NEW DELHI (APPELLANT) VS PUNJAB STAINLESS STEEL INDUSTRIES B-61, WAZIRPUR INDUSTRIAL AREA, NEW DELHI PAN: AAAFP4223G (RESPONDENT) ORDER PER SUCHITRA KAMBLE, JM THESE TWO APPEALS ARE FILED BY THE REVENUE AGAINST ORDER DATED 10/01/2018 PASSED BY CIT(A)-12 FOR ASSESSMENT YEAR 2013-14 & 2014-15 RESPECTIVELY. 2. AT THE OUTSET, IT WAS BROUGHT TO OUR NOTICE THA T THE TAX EFFECT INVOLVED IN THESE APPEALS BEING LESS THAN RS. 50 LACS, SQUARELY FALLS WITHIN THE AMBIT OF CIRCULAR NO. 17/2019 DATED 08.08.2019 ISSUED BY THE CENTRAL BOARD OF DIRECT TAXES PRESCRIBING THE TAX EFFECT FOR PREFERRING APP EALS BEFORE TRIBUNAL BY THE REVENUE AND SUBSEQUENT CLARIFICATION ISSUED BY CBDT ON 20 TH AUGUST, 2019. APPELLANT BY SMT. SUSHMA SINGH, CIT DR RESPONDENT BY SH. VED JAIN, CA DATE OF HEARING 12.04.2021 DATE OF PRONOUNCEMENT 12.04.2021 2 ITA NOS. 4139 & 4140/DEL/2018 3. AFTER PERUSING THE MATERIALS AVAILABLE ON RECORD , WE FIND THAT THE AMOUNT DISPUTED BEFORE US IS BELOW THE TAX EFFECT L IMIT PRESCRIBED BY CBDT VIDE CIRCULAR NO. 17/2019 DATED 08.08.2019 FOR PREFERRING APPEALS BEFORE TRIBUNAL BY THE REVENUE. ON PERUSAL OF THE C IRCULAR NO. 17/2019 DATED 08.08.2019 AND THE MATERIALS AVAILABLE ON REC ORD, 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 FIND THAT THE SUBSEQUENT CLAR IFICATION DATED 20.08.2019 MAKES IT VERY CLEAR THAT THE REVISED MON ETARY LIMITS SHALL APPLY RETROSPECTIVELY TO PENDING APPEALS ALSO. THE CIRCULAR IS BINDING ON THE TAX AUTHORITIES. HENCE, WE HOLD THAT BOTH THE A PPEALS OF THE REVENUE DESERVE TO BE DISMISSED ON ACCOUNT OF LOW TAX EFFEC T VIDE CIRCULAR NO. 17/2019 DATED 08.08.2019 AND SUBSEQUENT CLARIFICATI ON ON 20.08.2019. ACCORDINGLY, ON ACCOUNT OF LOW TAX EFFECT CASE, WE DISMISS THESE TWO APPEALS OF REVENUE IN LIMINE, WITHOUT GOING INTO TH E MERITS OF THE CASE. 4. IN THE RESULT, APPEALS OF THE REVENUE ARE DISMIS SED. ORDER PRONOUNCED IN THE OPEN COURT IN PRESENCE OF B OTH THE PARTIES ON THIS 12TH DAY OF APRIL, 2021. SD/- SD/- (R. K. PANDA) (SUCHITRA KAMBLE) ACCOUNTANT MEMBER JUDICIAL MEM BER DATED : 12/04/2021 R. NAHEED * COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI