ACIT, New Delhi V. M/s Konnar Enterprises Pvt. Ltd., New Delhi

ITA 4141/DEL/2012

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 4636 (ITAT-DELHI)
• Duration Of Justice: 6 year(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 29-06-2017
• Assessment Year: 2003-2004
• Appeal Filed On: 01-08-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIJAY VERMA
• Keywords: Tax effect

Judgement Text

IN THE INCOME-TAX APPELLATE TRIBUNAL, DELHI BENCH D, NEW DELHI BEFORE : SHRI AMIT SHUKLA, JUDICIAL MEMBER AND SHRI L.P. SAHU, ACCOUNTANT MEMBER ITA NOS. 4141 TO 4144 & 4146/DEL/2012 ASSESSMENT YEARS: 2003-04 TO 2006-07 & 2008-09 ACIT, CENTRAL CIRCLE 21, NEW DELHI. (APPELLANT) VS. KONNAR ENTERPRISES PVT. LTD., RZ-61, GALI NO. 25C, INDRA PARK, PALAM COLONY, NEW DELHI. PAN- AACCK 7558G. (RESPONDENT) C.O. NOS. 345 TO 348 & 350/DEL/2012 (IN ITA NOS. 4141 TO 4144 & 4146/DEL/2012) ASSESSMENT YEARS: 2003-04 TO 2006-07 & 2008-09 KONNAR ENTERPRISES PVT. LTD., RZ-61, GALI NO. 25C, INDRA PARK, PALAM COLONY, NEW DELHI. (APPELLANT) VS. ACIT, CENTRAL CIRCLE 21, NEW DELHI. (RESPONDENT) REVENUE BY SH. VIJAY VERMA, CIT/DR ASSESSEE BY NONE ORDER PER BENCH: THE APPEALS AT THE INSTANCE OF REVENUE AND CROSS-OB JECTIONS BY THE ASSESSEE ARISE OUT OF THE ORDERS PASSED BY THE CIT(A) IN RELATION TO THE CAPTIONED ASSESSMENT YEARS. 2. DURING THE COURSE OF HEARING, THE LD. DR, ALTHO UGH SUPPORTED THE ORDERS OF THE ASSESSING OFFICER, BUT COULD NOT CONTROVERT THE FAC T THAT TAX EFFECT INVOLVED IN EACH OF THESE APPEALS BY THE REVENUE IS LESS THAN RS.20,00,000/- AND THAT THE SAME IS NOT MAINTAINABLE IN VIEW OF RECENT CIRCULAR OF CBDT NO. 3/2018 DATED 11 TH JULY, 2018, WHEREBY THE MONETARY LIMIT OF TAX EFFECT FOR NOT FILING APPEALS BEFORE T HE TRIBUNAL HAS BEEN REVISED TO RS.20,00,000/-. NONE IS PRESENT ON BEHALF OF THE AS SESSEE. DATE OF HEARING 07.08.2018 DATE OF PRONOUNCEMENT 07.08.2018 ITA NOS. 4141 TO 4144 & 4146 & CO NOS. 345 TO 348 & 350/DEL/2012 2 3. HAVING CONSIDERED THE RECORDS IN THE LIGHT OF AB OVE CIRCULAR, WE FIND THAT THE ABOVE CIRCULAR OF CBDT ON PECUNIARY LIMIT HAS BEEN ISSUED IN SUPERSESSION OF EARLIER CBDT CIRCULAR NO. 21 OF 2015 DATED 10.12.2015, REVISING THE MONETARY LIMIT OF TAX EFFECT FROM RS.10,00,000/- TO RS.20,00,000/-.THESE INSTRUCTION S OF CBDT HAVE NOW STATUTORY FORCE WITHIN THE PROVISIONS OF SECTION 268A OF THE IT ACT AND ARE MADE APPLICABLE TO THE PENDING APPEALS ALSO BY VIRTUE OF PARA 13 OF THE CIRCULAR. THIS CIRCULAR CONTAINS CLEAR INSTRUCTIONS TO THE DEPARTMENT TO WITHDRAW OR NOT TO PRESS SUCH APP EALS FILED BEFORE THE ITAT WHEREIN TAX EFFECT INVOLVED DOES NOT EXCEED RS.20,00,000/-. IT IS NOT THE CASE OF THE REVENUE THAT THE PRESENT APPEALS COME WITHIN THE SWEEP OF EXCLUSION CLAUSES AS GIVEN IN PARA NO. 10 & 11 OF THE CIRCULAR. THUS, GOING BY THE PRESCRIPTION OF TH E AFORE-NOTED CIRCULAR, AND WITHOUT GOING INTO MERITS OF THE CASES, WE DISMISS THE INSTANT AP PEALS FILED BY THE REVENUE, BEING NOT MAINTAINABLE, AS THE TAX EFFECT INVOLVED IN THIS AP PEAL IS LESS THAN RS.20.00 LACS. THE CROSS OBJECTIONS OF THE ASSESSEE ALSO DESERVE TO BE DISMI SSED, AS INFRUCTUOUS. 4. IN THE RESULT, THE APPEALS OF THE REVENUE AND CR OSS OBJECTIONS OF THE ASSESSEE STAND DISMISSED, AS INDICATED ABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON 7TH AUGUST, 2 018. SD/- SD/- (AMIT SHUKLA) (L. P. SAHU) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 7 TH AUGUST, 2018 *AKS* COPY OF ORDER FORWARDED TO: (1) THE APPELLANT (2) THE RESPONDENT (3) COMMISSIONER (4) CIT(A) (5) DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES, NEW DELHI