ITO, Ward- 34(4), New Delhi V. Ashok Chadha, New Delhi

ITA 4167/DEL/2018

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 5377 (ITAT-DELHI)
• Duration Of Justice: 4 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-10-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2014-2015
• Appeal Filed On: 31-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DR ANJULA JAIN
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES SMC : DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER ITA.NO.4167/DEL./2018 ASSESSMENT YEAR 2014-2015 THE INCOME TAX OFFICER, WARD-34(4), ROOM NO.713, 7 TH FLOOR, E-2 BLOCK, DR. S.P. MUKHARJEE CIVIC CENTER, J.L.N. NEHRU MARG, NEW DELHI 110 002. VS. SHRI ASHOK CHADHA, B-1/74, ASHOK VIHAR, PHASE-II, NEW DELHI 110 052. PAN AAEPC0200G (APPELLANT) (RESPONDENT) FOR REVENUE : DR. ANJULA JAIN, SR. D.R. FOR ASSESSEE : - NONE - DATE OF HEARING : 18 . 1 0.2018 DATE OF PRONOUNCEMENT : 18 . 10 .2018 ORDER THIS APPEAL BY REVENUE HAS BEEN DIRECTED AGAINST THE ORDER OF THE LD. CIT(A)-12, NEW DELHI, DATED 17.01.2018, FOR THE A.Y. 2014-2015. 2. IN THIS CASE, A.O. HAS MADE ADDITION OF RS.38,25,000/- FOR SHORT TERM CAPITAL LOSS. I HAVE HEARD THE LEARNED D.R. ADMITTEDLY, THE TAX EFFECT IN THE DEPARTMENTAL 2 ITA.NO.4167/DEL./2018 SHRI ASHOK CHADHA, NEW DELHI. APPEAL IS LESS THAN RS.20 LAKHS. VIDE CIRCULAR NO. 3 OF 2018 DATED 11.07.2018 ISSUED BY CBDT UNDER SECTION 268A OF THE I.T. ACT, IT HAS BEEN DIRECTED THAT DEPARTMENT SHALL NOT FILE APPEAL BEFORE THE TRIBUNAL IN CASE WHERE THE TAX EFFECT DOES NOT EXCEED THE MONETARY LIMIT OF RS.20 LAKHS. IT IS ALSO DIRECTED THAT THIS INSTRUCTION WILL APPLY RETROSPECTIVELY TO THE PENDING APPEALS AND APPEALS TO BE FILED HENCEFORTH IN THE TRIBUNAL. PENDING APPEALS BELOW THE SPECIFIED TAX EFFECT MAY BE WITHDRAWN/NOT PRESSED. LEARNED SR. D.R. IN VIEW OF THE ABOVE BOARD CIRCULAR DID NOT PRESS THE DEPARTMENTAL APPEAL. I MAY ALSO NOTE THAT THE APPEAL OF THE DEPARTMENT ABOVE WOULD NOT FALL WITHIN THE EXCEPTIONS PROVIDED IN THE BOARD CIRCULAR. IN THE RESULT, THE DEPARTMENTAL APPEAL IS NOT MAINTAINABLE AS HAVE BEEN FILED AGAINST THE INSTRUCTION OF THE BOARD. THE DEPARTMENTAL APPEAL IS DISMISSED AS WITHDRAWN/NOT PRESSED BY THE LEARNED SR. D.R. 4. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. 3 ITA.NO.4167/DEL./2018 SHRI ASHOK CHADHA, NEW DELHI. ORDER PRONOUNCED IN THE OPEN COURT. SD/- (BHAVNESH SAINI) JUDICIAL MEMBER DATED 18 TH OCTOBER, 2018 VBP/- COPY TO 1. THE APP ELLANT 2. THE RESPONDENT 3. CIT(A) CONCERNED 4. CIT CONCERNED 5. D.R. ITAT SMC BENCH, DELHI 6. GUARD FILE. // BY ORDER // ASSISTANT REGISTRAR : ITAT DELHI BENCHES : DELHI.