Appeal Details
Counselvise Citation
[2019] 116 COUNSELVISE.COM (IT) 4563 (ITAT-DELHI)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
7 year(s) 25 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
27-08-2019
Appeal Filed By
Department
Order Result
Dismissed
Bench Allotted
A
Next Hearing Date
11-05-2017
Assessment Year
2008-2009
Appeal Filed On
02-08-2012
Judgement Text
ITA NOS.- 4173/DEL/2012, 4472/DEL/2010 AND 1527/DEL /2015 ARIBA INC. AND SMT. ANJU GUPTA. PAGE 1 OF 17 IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH: A: NEW DELHI) BEFORE SHRI H.S. SIDHU, JUDICIAL MEMBER AND SHRI ANADEE NATH MISSHRA, ACCOUNTANT MEMBER ITA NO:- 4173/DEL/2012 ( ASSESSMENT YEAR: 2008-09) ASSTT. DIRECTOR OF INCOME TAX, CIRCLE- 1 (1), INT. TAXATION, NEW DELHI. VS. M/S ARIBA INCORPORATION, NEW DELHI. PAN NO: AAFCA0120K APPELLANT RESPONDENT ITA NO:- 4472/DEL/2010 ( ASSESSMENT YEAR: 2006-07) ASSTT. DIRECTOR OF INCOME TAX, CIRCLE- 1 (1), INT. TAXATION, NEW DELHI. VS. M/S ARIBA INC., C/O PRICE WATER HOUSE COOPERS, SUCHETA BHAWAN, 11(A), VISHNU DIGAMBER MARG, NEW DELHI. PAN NO: AAFCA0120K APPELLANT RESPONDENT REVENUE BY : SHRI D.S. RAWAT, SR. DR ASSESSEE BY : MS. VRINDA TULSHAM, ADV, AND SHRI YASH VANMANI, ADV. ITA NOS.- 4173/DEL/2012, 4472/DEL/2010 AND 1527/DEL /2015 ARIBA INC. AND SMT. ANJU GUPTA. PAGE 2 OF 17 ITA NO:- 1527/DEL/2015 ( ASSESSMENT YEAR: 2010-11) INCOME TAX OFFICER, WARD 10(2), NEW DELHI. VS. SMT. ANJU GUPTA, 2764, RAMRUP STREET, CLOCK TOWER, SUBZI MANDI, DELHI- 110007. PAN NO: AAFPG4306C APPELLANT RESPONDENT REVENUE BY : SHRI D.S. RAWAT, SR. DR ASSESSEE BY : SHRI S.K. CHATURVEDY, CA ORDER CONSOLIDATED ORDER PER ANADEE NATH MISSHRA, AM (A) THESE APPEALS FILED BY REVENUE AGAINST IMPUGNED OR DERS RESPECTIVELY DATED 14.07.2010 AND 23.05.2012 PASSED BY LEARNED COMMISS IONER OF INCOME TAX (APPEALS)- XXIX, NEW DELHI, (LD. CIT(A), IN SHORT) FOR ASSES SMENT YEARS 2006-07 AND 2008-09 RESPECTIVELY AND ORDER DATED 24.12.2014 OF LD. CIT( A)-4, NEW DELHI FOR ASSESSMENT YEAR 2010-11. FOR THE SAKE OF CONVENIENCE, THESE A PPEALS ARE HEREBY DISPOSED OFF THROUGH THIS CONSOLIDATED ORDER, ON THE FOLLOWING G ROUNDS: ITA NOS.- 4173/DEL/2012, 4472/DEL/2010 AND 1527/DEL /2015 ARIBA INC. AND SMT. ANJU GUPTA. PAGE 3 OF 17 ITA NO. -4173/DEL/2012 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CAS E, THE LD. CIT(A) HAS ERRED IN DELETING INTEREST CHARGED U/S 234B OF THE INCOME TAX ACT, 1961, WITHOUT CONSIDERING THE PROVISIONS OF SECTION 191 READ WITH SECTIONS 207 AND 208 OF THE INCOME TAX ACT, WHICH CAST A LIABILITY ON THE A SSESSEE TO PAY ADVANCE TAX, WHEREAS TAX HAD NOT BEEN DEDUCTED IN ACCORDANC E WITH THE PROVISIONS OF CHAPTER-XVII OF THE INCOME TAX ACT. 2. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CAS E, THE CIT(A) HAS ERRED IN DIRECTING THE AO TO WITHDRAWN INTEREST U/S 234B, BY RELYING UPON THE DECISION OF HONBLE DELHI HIGH COURT DATED 30.08.2010 IN THE CASE OF DIT VS. JACOBS CIVIL INCORPORATED, WITHOUT APPRECIATING THAT THE L EVY OF INTEREST U/S 234B IS MANDATORY AS HELD IN THE CASE OF CIT VS. ANJUM H.H. GHASWALA & OTHER 252ITR1 (SC). 3. THE APPELLANT CRAVES TO ADD, AMEND, MODIFY OR AL TER ANY GROUNDS OF APPEAL AT THE TIME OR BEFORE THE HEARING OF THE APPEAL. ITA NO.- 4472/DEL/2010 1. ONE THE FACTS AND IN THE CIRCUMSTANCES OF THE CA SE, THE CIT(A) ERRED IN DELETING INTEREST CHARGED U/S 234B OF THE INCOME TA X ACT, 1961 AS IT DID NOT TAKE INTO CONSIDERATION PROVISION OF SECTION 191 OF THE ACT READ WITH SECTION 207 AND 208 OF THE INCOME TAX ACT WHICH CAST A LIAB ILITY ON THE ASSESSEE TO PAY ADVANCE TAX WHERE TAX HAS NOT BEEN DEDUCTED IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER XVII OF THE INCOME TAX ACT. THE APPELLANT CRAVES TO ADD, AMEND, MODIFY OR ALTER ANY GROUNDS OF APPEAL A T THE TIME OR BEFORE THE HEARING OF THE APPEAL. 2. THE APPELLANT CRAVES TO ADD, AMEND, MODIFY OR AL TER ANY GROUNDS OF APPEAL AT THE TIME OR BEFORE THE HEARING OF THE APPEAL. ITA NO.- 1527/DEL/2015 1. ON THE FACTS AND CIRCUMSTANCES OF THE CASE, THE LD. CT(A) HAS ERRED IN ADMITTING THE ADDITIONAL EVIDENCE IN RESPECT OF COS T OF ACQUISITION OF PROPERTY AND COST OF IMPROVEMENT WITHOUT AFFORDING ANY OPPOR TUNITY TO THE A O. 2. ON THE FACTS AND CIRCUMSTANCES OF THE CASE, THE LD. CIT(A) HAS ERRED IN DETERMINING THE BASEMENT AS HOUSE PROPERTY IN THE A BSENCE OF ANY PROOF WHICH CAN ASCERTAIN THE STATUS OF PROPERTY AS TO WH ETHER THE PROPERTY WAS BEING USED AS COMMERCIAL PROPERTY OR HOUSE PROPERTY . ITA NOS.- 4173/DEL/2012, 4472/DEL/2010 AND 1527/DEL /2015 ARIBA INC. AND SMT. ANJU GUPTA. PAGE 4 OF 17 (B) AT THE OUTSET, AT THE TIME OF HEARING BEFORE US, TH E LD. COUNSEL / LD. AUTHORIZED REPRESENTATIVES (LD. AR, FOR SHORT) OF THE ASSESSEES SUBMITTED THAT THE TAX EFFECT IN THESE APPEALS IS WELL BELOW RS. 50,00 ,000/-. THEY REFERRED TO THE RECENT CENTRAL BOARD OF DIRECT TAXES (CBDT FOR SH ORT) CIRCULAR NO. 17/2019 DATED 08.08.2019 IN F.NO. 279/MISC. 142/2007-ITJ (PT.) WH EREIN MINIMUM THRESHOLD LIMIT OF TAX EFFECT FOR FILING OF APPEALS BY REVENUE IN I NCOME TAX APPELLATE TRIBUNAL (ITAT, FOR SHORT) HAS BEEN ENHANCED TO RS. 50,00, 000/- BY REVISING THE EARLIER CBDT CIRCULAR NO. 3 OF 2018, DATED 11.07.2018. IT WAS SUBMITTED BY THEM THAT THESE APPEALS FILED BY REVENUE SHOULD BE DISMISSED HAVING REGARD TO THE AFORESAID RECENT CBDT CIRCULAR NO. 17/2019 DATED 08.08.2019. THE LEARNED SR. DEPARTMENTAL REPRESENTATIVE (LD. SR. DR, FOR SHORT) ADMITTED T HAT THE TAX EFFECT IN THESE APPEALS WAS BELOW RS. 50,00,000/-. HOWEVER, HE STATED THAT CLARIFICATION FROM CBDT IS AWAITED AS TO WHETHER REVISED / ENHANCED MONETARY L IMIT OF RS. 50,00,000/- VIDE AFORESAID CBDT CIRCULAR DATED 08/08/2019 WILL APPLY TO EXISTING APPEALS ALREADY FILED BY REVENUE IN ITAT. (B.1) THE AFORESAID CBDT CIRCULAR NO. 17/2019 DATED 08/08/2017 READS AS UNDER: CIRCULAR NO. 17/2019 NEW DELHI. 8TH AUGUST 2019 SUBJECT: - FURTHER ENHANCEMENT OF MONETARY LIMITS F OR FILING OF APPEALS BY THE DEPARTMENT BEFORE INCOME TAX APPELLA TE TRIBUNAL, HIGH COURTS AND SLPS/APPEALS BEFORE SUPREME COURT - AMENDMENT TO CIRCULAR 3 OF 2018 - MEASURES FOR REDUCING LITIG ATION.- ITA NOS.- 4173/DEL/2012, 4472/DEL/2010 AND 1527/DEL /2015 ARIBA INC. AND SMT. ANJU GUPTA. PAGE 5 OF 17 REFERENCE IS INVITED TO THE CIRCULAR NO.3 OF2018 DA TED 11.07.2018 (THE CIRCULAR) OF CENTRAL BOARD OF DIRECT TAXES (TH E BOARD) AND ITS AMENDMENT DATED 20TH AUGUST. 2018 VIDE WHICH MONETA RY LIMITS FOR FILING OF INCOME TAX APPEALS BY THE DEPARTMENT BEFO RE INCOME TAX APPELLATE TRIBUNAL. HIGH COURTS AND SLPS/APPEALS BE FORE SUPREME COURT HAVE BEEN SPECIFIED. REPRESENTATION HAS ALSO BEEN RECEIVED THAT AN ANOMALY IN THE SAID CIRCULAR AT PARA 5 MAY BE REMOVED. 2. AS A STEP TOWARDS FURTHER MANAGEMENT OF LITIGATI ON. IT HAS BEEN DECIDED BY THE BOARD THAT MONETARY LIMITS FOR FILIN G OF APPEALS IN INCOME-TAX CASES BE ENHANCED FURTHER THROUGH AMENDM ENT IN PARA 3 OF THE CIRCULAR MENTIONED ABOVE AND ACCORDINGLY, TH E TABLE FOR MONETARY LIMITS SPECIFIED IN PARA 3 OF THE CIRCULAR SHALL READ AS FOLLOWS: S.NO. APPEALS/SLPS IN IT MATTERS MONETARY LIMIT (RS.) 1. BEFORE APPELLATE TRIBUNAL 50,00,000/- 2. BEFORE HIGH COURT 1,00.00.000/- 3. BEFORE SUPREME COURT 2.00.00,000/- 3. FURTHER, WITH A VIEW TO PROVIDE PARITY IN FIL ING OF APPEALS IN SCENARIOS WHERE SEPARATE ORDER IS PASSED BY HIGHER APPELLATE AUTHORITIES FOR EACH ASSESSMENT YEAR VIS-A-VIS WHER E COMPOSITE ORDER FOR MORE THAN ONE ASSESSMENT YEARS IS PASSED. PARA 5 OF THE CIRCULAR IS SUBSTITUTED BY THE FOLLOWING PARA: '5. THE ASSESSING OFFICER SHALL CALCULATE THE TAX E FFECT SEPARATELY FOR EVERY ASSESSMENT YEAR IN RESPECT OF THE DISPUTED IS SUES IN THE CASE OF EVERY ASSESSEE. IF, IN THE CASE OF AN ASSESSEE, THE DISPUTED ISSUES ARISE IN MORE THAN ONE ASSESSMENT YEAR, APPEAL CAN BE FILED IN RESPECT OF SUCH ASSESSMENT YEAR OR YEARS IN WHICH T HE TAX EFFECT IN RESPECT OF THE DISPUTED ISSUES EXCEEDS THE MONETARY LIMIT SPECIFIED IN PARA 3. NO APPEAL SHALL BE FILED IN RESPECT OF AN A SSESSMENT YEAR OR YEARS IN WHICH THE TAX EFFECT IS LESS THAN THE MONE TARY LIMIT SPECIFIED IN PARA 3. FURTHER, EVEN IN THE CASE OF COMPOSITE O RDER OF ANY HIGH COURT OR APPELLATE AUTHORITY WHICH INVOLVES MORE TH AN ONE ASSESSMENT YEAR AND COMMON ISSUES IN MORE THAN ONE ASSESSMENT YEAR, NO APPEAL SHALL BE FILED IN RESPECT OF AN ASS ESSMENT YEAR OR YEARS IN WHICH THE TAX EFFECT IS LESS THAN THE MONE TARY LIMIT SPECIFIED IN PARA 3. IN CASE WHERE A COMPOSITE ORDER/ JUDGEME NT INVOLVES MORE THAN ONE ASSESSEE. EACH ASSESSEE SHALL BE DEAL T WITH SEPARATELY.' 4. THE SAID MODIFICATIONS SHALL COME INTO EFFECT FR OM THE DATE OF ISSUE OF THIS CIRCULAR. 5. THE SAME MAY BE BROUGHT TO THE NOTICE OF ALL CON CERNED. ITA NOS.- 4173/DEL/2012, 4472/DEL/2010 AND 1527/DEL /2015 ARIBA INC. AND SMT. ANJU GUPTA. PAGE 6 OF 17 6. THIS ISSUES UNDER SECTION 268A OF THE INCOME-TAX ACT, 1961. 7. HINDI VERSION WILL FOLLOW. (B.1.1) WE HAVE NOTED THAT VIDE CIRCULAR NO. 3/20 18 DATED 11 TH JULY, 2018 ISSUED BY CBDT IT WAS NOT ONLY DIRECTED THAT THE DEPARTMENT S HALL NOT FILE APPEAL BEFORE THE TRIBUNAL IN CASES WHERE THE TAX EFFECT DOES NOT EXC EED THE MONETARY LIMIT OF RS.20 LAKH; BUT IT WAS ALSO DIRECTED THAT THIS INSTRUCTION WILL APPLY RETROSPECTIVELY TO PENDING APPEALS. IT WAS FURTHER DIRECTED IN AFORESAID CBDT CIRCULAR NO. 3/2018 DATED 11.07.2018, THAT THE PENDING APPEALS BELOW THE SPEC IFIED TAX LIMIT MAY BE WITHDRAWN/NOT PRESSED BY THE DEPARTMENT. RELEVANT P ORTION OF THE AFORESAID CIRCULAR NO. 3/2018 DATED 11.07.2018 IS AS UNDER: THE CIRCULAR WILL APPLY TO SLPS/APPEALS/CROSS OBJE CTIONS /REFERENCES TO BE FILED HENCEFORTH IN HON'BLE SUPREME COURT/TRIBUNAL AND IT SHALL ALSO APPLY RETROSPECTIVELY TO PENDING SLPS/APPEALS/CROSS OBJEC TIONS/REFERENCES. PENDING APPEALS BELOW THE SPECIFIED TAX LIMITS IN PARA 3 AB OVE MAY BE WITHDRAWN/NOT PRESSED. (B.1.2) NOW, VIDE ITS AFORESAID RECENT CIRCULAR NO. 17/2019 DATED 08.08.2019, CBDT HAS AMENDED ITS AFORESAID EARLIER CIRCULAR NO.3/201 8 DATED 11.7.2018; AND IT HAS BEEN DIRECTED THAT MONETARY LIMIT FOR FILING THE DEPARTM ENTAL APPEAL IN INCOME TAX CASES BE ENHANCED FURTHER AND ACCORDINGLY, THE MONETARY LIMI T FOR FILING THE APPEAL BEFORE THE APPELLATE TRIBUNAL HAVE BEEN ENHANCED TO RS.50 LAKH S THROUGH AMENDMENT OF PARAGRAPH 3 OF AFORESAID CIRCULAR NO. 3/2018 DATED 11.07.2018. AFORESAID CIRCULAR NO.17/2019 DATED 08.08.2019 HAS BEEN ISSUED TO REVI SE / ENHANCE THE MONETARY LIMIT ITA NOS.- 4173/DEL/2012, 4472/DEL/2010 AND 1527/DEL /2015 ARIBA INC. AND SMT. ANJU GUPTA. PAGE 7 OF 17 OF TAX EFFECT TO RS. 50,00,000/- AS COMPARED TO THE MONETARY LIMIT OF RS. 20,00,000/- VIDE CBDTS EARLIER CIRCULAR NO. 3/2018 DATED 11.7. 2018; WITHOUT, HOWEVER, IN ANY WAY AMENDING ANY OTHER MATERIAL PART OF THE AFORESAID C BDT CIRCULAR DATED 11.07.2018. MORE PARTICULARLY, THERE IS NOTHING IN THE AFORESAI D RECENT CBDT CIRCULAR NO. 17/2019 DATED 08.08.2019 TO INFER THAT DIRECTION CONTAINED IN AFORESAID EARLIER CBDT CIRCULAR NO. 3 OF 2018 DATED 11.07.2018 TO WITHDRAWN / NOT PRESS EXISTING APPEALS (BELOW SPECIFIED MONETARY LIMIT OF TAX EFFECT) ALREADY FILED BY REVE NUE IN ITAT; DOES NOT CONTINUE TO BE APPLICABLE. THEREFORE, ALL THE PROVISIONS OF AFORES AID EARLIER CIRCULAR NO. 3/2018 DATED 11.7.2018 SHALL APPLY MUTATIS MUTANDIS TO RECENT AFORESAID CBDT CIRCULAR NO. 17/2019 DATED 08.08.2019 ALSO. ACCORDINGLY, THE DIRECTION IN AFORESAID EARLIER CIRCULAR DATED 11.07.2018 TO WITHDRAW / NOT PRESS REVENUES APPEAL WITH TAX EFFECT BELOW RS. 20,00,000/-; IN VIEW OF RECENT AFORESAID CIRCULAR D ATED 08.08.2019; IS NOW TO BE READ AS DIRECTION TO WITHDRAW /NOT PRESS REVENUES APPEAL W ITH TAX EFFECT BELOW REVISED / ENHANCED LIMIT OF RS. 50,00,000/-. (B.2) FOR OUR AFORESAID VIEW, IN THE FOREGOING PARA GRAPH (B.1.2) OF THIS ORDER; WE TAKE STRENGTH FROM VIEW EXPRESSED IN A RECENT PRECEDENT IN THE CASE OF INCOME TAX OFFICER, WARD 3(2), AHMADABAD VS. DINESH MADHAVLAL PATELIN ( ITA NO.- 1398/AHD/2004 FOR ASSESSMENT YEAR 1998-99), AND 627 OTHERS; IN WHICH, VIDE ORDER DATED 14.08.2019, A BENCH OF INCOME TAX APPELLATE TRIBUNAL, AHMADABAD [ CORAM: JUSTICE P P BHATT, PRESIDENT, AND PRAMOD KUMAR, VICE PRESIDENT] IT WAS HELD, AT PARAGRAPH 7 OF THE AFORESAID ORDER DATED 14/08/2019, THAT RELAXATION I N MONETARY LIMITS FOR DEPARTMENTAL ITA NOS.- 4173/DEL/2012, 4472/DEL/2010 AND 1527/DEL /2015 ARIBA INC. AND SMT. ANJU GUPTA. PAGE 8 OF 17 APPEALS, VIDE CBDT CIRCULAR DATED 8 TH AUGUST 2019 (SUPRA) SHALL BE APPLICABLE TO THE PENDING APPEALS IN ADDITION TO THE APPEALS TO BE FI LED HENCEFORTH. THIS DECISION HAS ALREADY BEEN REPORTED IN 2019-TIOL-1556-ITAT-AHM, A ND THE RELEVANT PORTION OF THE AFORESAID ORDER DATED 14.08.2019 OF A BENCH, ITAT , AHMADABAD, CONTAINED DETAILED DISCUSSION OF THE ISSUE, IS REPRODUCED AS UNDER: 1. THESE 628 APPEALS AND COS PERTAIN TO THE APPEAL S ARE FILED BY VARIOUS ASSESSING OFFICER, ALL THESE APPEALS CALL INTO QUES TION CORRECTNESS OF THE RELIEF GRANTED TO THE TAXPAYERS BY THE COMMISSIONER OF INC OME TAX (APPEALS) AND, MOST IMPORTANTLY, THE TAX EFFECT INVOLVED IN ALL TH ESE APPEALS DOES NOT EXCEED RS. 50,00,000 IN EACH OF THESE APPEALS. THE CROSS OBJEC TIONS TAKEN UP FOR HEARING ARE ONLY SUCH CROSS OBJECTIONS AS EMANATE FROM THESE AP PEALS AND ARE BROADLY IN SUPPORT OF THE ORDERS PASSED BY THE COMMISSIONER (A PPEALS). IN THESE CASES, IN THE LIGHT OF THE DISCUSSIONS WITH THE PRINCIPAL CHI EF COMMISSIONER OF INCOME TAX (GUJARAT) AND REPRESENTATIVES OF THE AHMEDABAD ITAT BAR ASSOCIATION, INDIVIDUAL NOTICES ARE DISPENSED WITH; NOTICES OF HEARING ARE GIVEN ONLY THROUGH THE NOTICE BOARD. 2. IT IS IN THIS BACKDROP THAT WE ARE PLEASED TO T AKE NOTE OF A VERY PRAGMATIC AND TAXPAYER FRIENDLY POLICY DECISION BY THE GOVERN MENT OF INDIA FOR REDUCING THE INCOME TAX LITIGATION. VIDE CBDT CIRCULAR DATED 8TH AUGUST, 2019, THE INCOME TAX DEPARTMENT HAS FURTHER LIBERALIZED ITS POLICY FOR N OT FILING APPEALS AGAINST THE DECISIONS OF THE APPELLATE AUTHORITIES IN FAVOUR OF THE TAXPAYERS, WHEREIN TAX INVOLVED IS BELOW CERTAIN THRESHOLD LIMITS, AND ANN OUNCED ITS POLICY DECISION NOT TO FILE, OR PRESS, THE APPEALS, BEFORE THIS TRIBUNAL, AGAINST THE APPELLATE ORDERS FAVOURABLE TO THE ASSESSEE IN THE CASES IN WHICH OV ERALL TAX EFFECT, EXCLUDING INTEREST- EXCEPT WHEN INTEREST ITSELF IS IN DISPUTE , IS RS 50,00,000 OR LESS. WHAT IT MEANS, IN PLAIN WORDS, IS THAT WHEN A COMMISSIONER (APPEALS) GIVES THE TAXPAYER TAX RELIEF OF UPTO RS 50 LAKHS IN AN APPEAL IN AN A SSESSMENT YEAR, THE MATTER ENDS THERE AND THE RELIEF SO GRANTED BY THE COMMISSIONER (APPEALS) CANNOT BE CHALLENGED BEFORE THIS TRIBUNAL, THAT WHEN THIS TRI BUNAL GIVES THE TAXPAYER RELIEF OF UPTO RS 1 CRORE IN AN APPEAL IN AN ASSESSMENT YE AR, THE MATTER ENDS THERE AND THE RELIEF SO GRANTED BY THE TRIBUNAL CANNOT BE CHA LLENGED BEFORE THE HONBLE HIGH COURT, AND THAT WHEN HON'BLE HIGH COURT GIVES RELIEF OF UPTO RS 2 CRORE TO THE TAXPAYER IN AN APPEAL IN AN ASSESSMENT YEAR, TH AT RELIEF CANNOT BE CHALLENGED BEFORE HONBLE SUPREME COURT. THESE MONETARY THRESH OLD LIMITS FOR FILING OF APPEALS BY THE INCOME TAX AUTHORITIES DO NOT TAKE I NTO ACCOUNT INTEREST AND OTHER COROLLARIES OF THE TAX DEMANDS BEING CONFIRMED SUCH AS PENALTIES, EXCEPT WHEN A PENALTY ITSELF IS SUBJECT MATTER OF LITIGATION, AND PROSECUTIONS. THE ENHANCEMENT OF THESE MONETARY LIMITS IS AT AN UNPRECEDENTED SCA LE. THE MONETARY LIMIT FOR APPEALS BEFORE THIS TRIBUNAL, WHICH WAS RS 3,00,000 TILL 10TH JULY 2014, HAS BEEN IN EFFECT ENHANCED TO ALMOST 1,700% IN THE LAST FIV E YEARS. THIS SUBSTANTIAL RELAXATION IS CERTAINLY A HUGE STEP WHICH SIGNIFIES TRUST REPOSED BY THE ITA NOS.- 4173/DEL/2012, 4472/DEL/2010 AND 1527/DEL /2015 ARIBA INC. AND SMT. ANJU GUPTA. PAGE 9 OF 17 GOVERNMENT OF INDIA IN THE DECISIONS OF THE APPELLA TE FORUMS, AND SUBSTANTIALLY CUTS DOWN TIME TAKEN IN THE FINALITY OF THE APPELLA TE PROCESS. IT IS INDEED HEARTENING TO NOTE THAT IN ONE STROKE, THE GOVERNME NT HAS NOT ONLY PREVENTED, BUT HAS. IN EFFECT, SET THE STAGE FOR WITHDRAWAL OF THOUSANDS OF APPEALS BEFORE THIS TRIBUNAL AND BEFORE HONBLE COURTS ABOVE. IN AN ENV IRONMENT IN WHICH RETROSPECTIVITY WAS ATTACHED ONLY TO THE TAXATION A ND NOT TO TAX RELIEFS OR CONCESSIONS, SUCH AN APPROACH IS A PLEASANT DEPARTU RE FROM LEGACY PRACTICES. 3. IN VIEW OF THE ABOVE FACTUAL BACKGROUND AND THE GENEROUS CONCESSION BY THIS BENEVOLENT CBDT CIRCULAR, ALL THESE APPEALS MU ST BE DISMISSED AS WITHDRAWN AND THE RELATED CROSS OBJECTIONS MUST BE DISMISSED AS INFRUCTUOUS. THERE IS. HOWEVER, A SMALL ISSUE THAT WE MUST DEAL WITH. 4. SMT APARNA AGARWAL, LEARNED DEPARTMENTAL REPRESE NTATIVE, HOWEVER, HAS A POINT TO MAKE. SHE POINTS OUT THAT THE CIRCULAR DAT ED 8 TH AUGUST 2019 IS NOT CLEARLY RETROSPECTIVE INASMUCH AS IT SPECIFICALLY STATES IN PARA 4 THAT (T)HE SAID MODIFICATIONS SHALL COME INTO EFFECT FROM THE DATE OF ISSUE OF THIS CIRCULAR'. IT IS THUS POINTED OUT THAT THIS SENTENCE GIVES AN IMPRESSION THAT IS ONLY AFTER THE DATE OF THE SAID CIRCULAR THAT THE D EPARTMENTAL APPEALS WILL NOT BE FILED IN THE CASES WITHIN THE SPECIFIED TAX EFFECT LIMITS. WE ARE URGED TO BEAR IN MIND THE IMPACT OF THIS OBSERVATION WHILE GIVING EF FECT TO THE CIRCULAR DATED 8 TH AUGUST, 2019. SHE. HOWEVER, HASTENS TO ADD THAT SHE IS YET TO HAVE ANY SPECIFIC INSTRUCTIONS ON THE ISSUE AND SHE LEAVES IT FOR THE BENCH TO TAKE THE APPROPRIATE CALL. LEARNED REPRESENTATIVES APPEARING FOR THE TAX PAYERS VEHEMENTLY OPPOSE THE SUGGESTION IMPLICIT IN HER SUBMISSIONS. ALL OF THEM ARE UNANIMOUS IN THEIR ARGUMENT THAT THE CIRCULAR MUST BE HELD TO HAVE RET ROSPECTIVE APPLICATION AND MUST EQUALLY APPLY TO THE PENDING APPEALS AS WELL S HRI J P SHAH. SENIOR ADVOCATE, POINTS OUT THAT THE CIRCULAR DATED 8' H AUGUST 2019 I NOT A STANDALONE CIRCULAR AND IT IS REQUIRED TO BE READ WITH THE OLD CIRCULAR NO. 3 OT 2018 WHICH IS WHAT IT SEEKS TO MODIFY. THIS CIRCULAR, ACCORDING TO THE LEARNED COUNSEL, ONLY ENHANCES THE MONETARY LIMITS AND GIVES FURTHER RELAXATION. HE UR GES US NOT TO READ THE CIRCULAR IN A MANNER SO AS TO NULLIFY THE UNDERLYING APPROAC H AND OBJECT OF REDUCING LITIGATION. SHRI SOPARKAR, LEARNED SENIOR ADVOCATE, SUBMITS THAT ALL THAT THE PRESENT CIRCULAR DOES IS TO MODIFY THE MONETARY LIM ITS AND NOTHING MORE, AND, THEREFORE, IT CANNOT BE TREATED TO FOLLOW ANY OTHER APPROACH OTHER THAN THE APPROACH FOLLOWED IN THE OLD CIRCULAR. THE OLD CIRC ULAR, BEYOND ANY DISPUTE OR CONTROVERSY, CATEGORICALLY APPLIED TO THE PENDING A PPEALS AS ON THE DATE OF ISSUANCE OF CIRCULAR. SHRI TUSHAR HEMANI, LEARNED S ENIOR ADVOCATE, POINTS OUT THAT THE CIRCULAR DATED 8 TH AUGUST 2019 ONLY GIVES FURTHER RELIEF NOT ONLY IN TERMS OF THE MONETARY LIMITS BUT ALSO IN TERMS OF THE MANNER IN WHICH THE APPLICATION OF CIRCULAR TO ORDERS DEALING WITH MORE THAN ONE YEAR IS TO MADE. SHRI S N DIVETIA, LEARNED COUNSEL FOR THE ASSESSEE, SUBMITS THAT UNLI KE IN THE CASES OF EARLIER CBDT CIRCULARS, WHICH USED TO BE IN SUPERSESSION OF EARL IER CIRCULARS ON THE ISSUES, THE CIRCULAR DATED 8 TH AUGUST 2019 ONLY MODIFIES THE EARLIER CIRCULAR WHI CH, INTER ALIA, PROVIDED FOR ITS RETROSPECTIVE APPLICATION. OUR ATT ENTION IS INVITED TO SOME JUDICIAL PRECEDENTS IN SUPPORT OF THE CONTENTION THAT THE BE NEVOLENT CIRCULAR, SUCH AS THE ONE IN QUESTION, IS TO BE GIVEN EFFECT IN RESPECT O F THE PENDING APPEALS AS WELL. MS URVASHI SHODHAN. LEARNED COUNSEL FOR THE ASSESSEE, POINTS OUTS THAT ITS PLAINLY CONTRARY TO THE SCHEME OF THE LITIGATION POLICY OF THE GOVERNMENT OF INDIA TO GIVE ITA NOS.- 4173/DEL/2012, 4472/DEL/2010 AND 1527/DEL /2015 ARIBA INC. AND SMT. ANJU GUPTA. PAGE 10 OF 17 THIS CIRCULAR ONLY PROSPECTIVE EFFECT. SHRI S K SAD HWANI, LEARNED COUNSEL FOR THE ASSESSEE, INVITES OUR ATTENTION TO THE LETTER DATED 16 TH JULY 2018 ISSUED BY MEMBER CBDT TO THE ALL THE PRINCIPAL CHIEF COMMISSI ONERS OF INCOME TAX, IN THE CONTEXT OF CIRCULAR DATED 11 TH JULY 2018 THAT THE PRESENT CIRCULAR SEEKS TO MODIFY , SEEKING REPORT ON WITHDRAWAL OF THE APPEALS COVERED BY THE CIRCULAR. HE THEN POINTS OUT TMT IT IS THE OLD CIRCULAR IS STILL ALIV E TODAY AND THE ONLY CHANGE IS WITH RESPECT TO THE MONETARY LIMITS. IN ALL FAIRNESS, TH EREFORE, THE SAME APPROACH REGARDING WITHDRAWAL OF PENDING APPEALS MUST BE FOL LOWED FOR THIS CIRCULAR AS WELL. ON THE SAME LINES, ARGUMENTS ARE ADVANCED BY THE LEARNED REPRESENTATIVES WHICH, FOR THE SAKE OF BREVITY AND TO AVOID REPETIT ION, WE ARE NOT REFERRING TO IN MORE SPECIFIC DETAILS. IN BRIEF REJOINDER, LEARNED DEPARTMENTAL REPRESENTATIVE GRACIOUSLY LEAVES THE MATTER TO US. 5. HAVING CONSIDERED THE RIVAL SUBMISSIONS AND HAV ING PERUSED THE MATERIAL ON RECORD, WE DO NOT HAVE SLIGHTEST OF HESITATION IN H OLDING THAT THE CONCESSION EXTENDED BY THE CBDT NOT ONLY APPLIES TO THE APPEAL S TO BE FILED IN FUTURE BUT IT IS ALSO EQUALLY APPLICABLE TO THE APPEALS PENDING FOR DISPOSAL AS ON NOW. OUR LINE OF REASONING IS THIS. THE CIRCULAR DATED 8 ,H AUGUST 2019 IS NOT A STANDALONE CIRCULAR. IT IS TO BE READ IN CONJUNCTION WITH THE CBDT CIRCU LAR NO 3 OF 2018 (AND SUBSEQUENT AMENDMENT THERETO), AND ALL IT DOES IS T O REPLACE PARAGRAPH NOS. 3 AND 5 OF THE SAID CIRCULAR. THIS IS EVIDENT FROM THE FOLLOWING EXTRACTS FROM THE CIRCULAR DATED 8 TH AUGUST 2019: 2. AS A STEP TOWARDS FURTHER MANAGEMENT OF LITIGATION, IT HAS BEEN DECIDED BY THE BOARD THAT MONETARY LIMITS FOR FILING OF APPEALS IN INCOME-TAX CASES BE ENHANCED FURTHER THROUGH AMENDMENT IN PARA 3 OF THE CIRCULAR MENTIONED ABOVE AND ACCORDINGLY, THE TABLE FOR MONETARY LIMITS SPECIFIE D IN PARA 3 OF THE CIRCULAR SHALL READ AS FOLLOWS: S.NO. APPEALS/SLPS IN INCOME-TAX MATTERS MONETARY LIMIT (RS.) / BEFORE APPELLATE TRIBUNAL 50,00,000 2 BEFORE HIGH COURT 1,00,00,000 3 BEFORE SUPREME COURT 2,00,00,000 3. FURTHER, WITH A VIEW TO PROVIDE PARITY IN FILING O F APPEALS IN SCENARIOS WHERE SEPARATE ORDER IS PASSED BY HIGHER APPELLATE AUTHORITIES FOR EACH ASSESSMENT YEAR VIS- A-VIS WHERE COMPOSITE ORDER FOR MORE THAN ONE ASSESSMENT YEARS IS PASSED, PARA 5 OF THE CIRCULAR IS SUBSTITUTED BY TH E FOLLOWING PARA: 5. THE ASSESSING OFFICER SHALL CALCULATE THE TAX EFFEC T SEPARATELY FOR EVERY ASSESSMENT YEAR IN RESPECT OF THE DISPUTED ISSUES IN THE CASE OF EVERY ASSESSEE. IF I N THE CASE OF AN ASSESSEE, THE DISPUTED ISSUES ARISE IN M ORE THAN ONE ASSESSMENT YEAR, APPEAL CAN BE FILED IN ITA NOS.- 4173/DEL/2012, 4472/DEL/2010 AND 1527/DEL /2015 ARIBA INC. AND SMT. ANJU GUPTA. PAGE 11 OF 17 RESPECT OF SUCH ASSESSMENT YEAR OR YEARS IN WHICH T HE TAX EFFECT IN RESPECT OF THE DISPUTED ISSUES EXCEED S THE MONETARY LIMIT SPECIFIED IN PARA 3. NO APPEAL S HALL HE FILED IN RESPECT OF AN ASSESSMENT YEAR OR YEARS IN WHICH THE TAX EFFECT IS LESS THAN THE MONETARY LIMI T SPECIFIED IN PARA 3 FURTHER, EVEN IN THE CASE OF COMPOSITE ORDER OF ANY HIGH COURT OR APPELLATE AUTHORITY WHICH INVOLVES MORE THAN ONE ASSESSMENT YEAR AND COMMON ISSUES IN MORE THAN ONE ASSESSMENT YEAR NO APPEAL SHALL BE FILED IN RESPECT OF AN ASSESSMENT YEAR OR YEARS IN WHICH THE TAX EFFECT IS LESS THAN THE MONETARY LIMIT SPECIFIED IN PARA 3. I N CASE WHERE A COMPOSITE ORDER/JUDGEMENT INVOLVES MORE THAN ONE ASSESSEE, EACH ASSESSEE SHALL BE DEAL T WITH SEPARATELY' 4. THE SAID MODIFICATIONS SHALL COME INTO EFFECT FROM THE DATE OF ISSUE OF THIS CIRCULAR. 6. CLEARLY, ALL OTHER PORTIONS OF THE CIRCULAR NO. 3 OF 2018 (SUPRA) HAVE REMAINED INTACT. THE PORTION WHICH HAS REMAINED INTACT INCLU DES PARAGRAPH 13 OF THE AFORESAID CIRCULAR WHICH IS AS FOLLOWS: 13. THIS CIRCULAR WILL APPLY TO SLPS/ APPEALS/ CROS S OBJECTIONS/ REFERENCES TO BE FILED HENCEFORTH IN SC/HCS/TRIBUNAL AND IT SHALL ALSO APPLY RETROSPECTIVELY TO PENDING SLPS/ APPEALS/ CROSS OBJECTIONS/REFERENCES. PENDING APPEALS BELOW THE SPECIFIED TAX LIMITS IN PARE 3 ABOVE MAY BE WITHDRAWN/ NOT PRESSED. 7. IN VIEW OF THE ABOVE DISCUSSIONS, WE HEREBY HO LD THAT THE RELAXATION IN MONETARY LIMITS FOR DEPARTMENTAL APPEALS, VIDE CBDT CIRCULAR DATED 8 TH AUGUST 2019 (SUPRA) SHALL BE APPLICABLE TO THE PENDING APP EALS IN ADDITION TO THE APPEALS TO BE FILED HENCEFORTH. (B.2.1) MOREOVER, IN THE FOLLOWING PRECEDENTS, CO -ORDINATE BENCHES OF INCOME TAX APPELLATE TRIBUNAL, DELHI; HAVE ALREADY TAKEN THE V IEW THAT THE AFORESAID CBDT CIRCULAR NO. 17/2019 DATED 08.08.2019 SHALL ALSO APPLY RETRO SPECTIVELY TO PENDING APPEALS: ITA NOS.- 4173/DEL/2012, 4472/DEL/2010 AND 1527/DEL /2015 ARIBA INC. AND SMT. ANJU GUPTA. PAGE 12 OF 17 (I) ORDER DATED 21.08.2019 OF A BENCH OF ITAT, DE LHI IN ITA NO. 5416/DEL/2015 AND 6 OTHERS FOR A.Y. 2011-12, IN THE CASE OF ITO VS. M/S P.L. & SONS INFRASTRUCTURE (P) LTD. AND 6 OTHER APP EALS (II) ORDER DTD. 19/08/2019 OF B BENCH OF ITAT, D ELHI, IN ITA NO. 4497/DEL/2016 FOR A.Y. 2011-12 IN THE CASE OF ITO V S. M/S BSA HOMES PVT. LTD. (III) ORDER DTD 19/08/2019 OF C BENCH OF ITAT, D ELHI, IN ITA NO. 4276/DEL/2016, FOR A.Y. 2012-13 IN THE CASE OF ACIT VS. ISHAM SYSTEM (P) LTD. (IV) ORDER DTD 19.08.2019 OF E BENCH OF ITAT, D ELHI IN ITA NO.- 5230/DEL/2011 FOR A.Y. 2004-05 DELHI IN THE CASE O F ACIT VS. M/S MAJESTIC PROPERTIES. (V) ORDER DTD. 19/08/2019 OF F BENCH OF ITAT, D ELHI IN ITA NOS. 5136 & 5137/DEL/2016 FOR A.Y. 2009-10 & 2010-11 IN THE CASE OF ACIT VS. PRATEEK BUILDTECH INDIA P. LTD. (VI) ORDER DTD 21/08/2019 OF D BENCH, OF ITAT, DE LHI IN ITA NOS.- 5628/DEL/2016 AND 1481 & 5961/DEL/2016 FOR A.Y. 20 07-08 AND 2006-07 & 2013-14 IN THE CASE OF ITO VS. JAIN STEEL CORPORA TION AND ACIT VS. JINDAL POLY FILMS LTD. (B.2.2) A PERUSAL OF THE AFORESAID RECENT CBDT CIRC ULAR DATED 08.08.2019 SHOWS THAT MINIMUM THRESHOLD LIMIT OF TAX EFFECT FOR FILING OF SPECIAL LEAVE PETITION (SLP FOR SHORT) ITA NOS.- 4173/DEL/2012, 4472/DEL/2010 AND 1527/DEL /2015 ARIBA INC. AND SMT. ANJU GUPTA. PAGE 13 OF 17 IN HONBLE SUPREME COURT HAS ALSO BEEN ENHANCED TO RS. 2,00,000/-. VIDE SEPARATE ORDERS, EACH DATED 16.08.2019, HONBLE SUPREME COUR T HAS ALREADY DISMISSED THE FOLLOWING SLPS FILED BY REVENUE EARLIER; SINCE THE TAX EFFECT INVOLVED IN EACH OF THESE CASES WAS LESS THAN RS. 2,00,000/-: (I) SPECIAL LEAVE PETITION (CIVIL) DIARY 25086/2019 IN THE CASE OF CIT V/S M/S HONGKONG AND SHANGHAI BANKING CORPORATION LTD. (ARISING OUT OF IMPUGNED FINAL JUDGMENT AND ORDER DATED 06-02-2019 IN ITA NO. 1650/2016 PASSED BY THE HIGH COURT OF JUDICATURE AT BOMBAY) (II) SPECIAL LEAVE PETITION (CIVIL) DAIRY NO. 26373 /2019 IN THE CASE OF DCIT VS. EB HOLDING COMPANY LTD. (ARISING OUT OF IMPUGNED FINAL JUDGMENT AND ORDER DATED 25-01-2019 IN WP NO. 3642/2018 PASSED B Y THE HIGH COURT OF JUDICATURE AT BOMBAY) (III) SPECIAL LEAVE PETITION (CIVIL) DIARY NO. 2149 7/2019 IN THE CASE OF PR. CIT VS. KESHAV POWER LTD. (ARISING OUT OF IMPUGNED FINAL JUDGMENT AND ORDER DATED 07-09-2018 IN ITA NO. 277/2018 PASSED BY THE HIGH COURT OF DELHI AT NEW DELHI) (IV) SPECIAL LEAVE PETITION (CIVIL) DIARY NO. 2507 6/2019 IN THE CASE OF PR. CIT VS. MEENAKSHI MODI. (ARISING OUT OF IMPUGNED FI NAL JUDGMENT AND ORDER DATED 24-01-2019 IN DBITA NO. 156/2018 PASSED BY TH E HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR) (B.2.3) MOREOVER, VIDE F.NO. 279/MISC/M-93/2018-ITJ , DATED 20 TH AUGUST, 2019; CLARIFICATION HAS BEEN ISSUED BY CBDT THAT REVISED MONETARY LIMITS MENTIONED IN ITA NOS.- 4173/DEL/2012, 4472/DEL/2010 AND 1527/DEL /2015 ARIBA INC. AND SMT. ANJU GUPTA. PAGE 14 OF 17 CIRCULAR NO. 17/2019 IS APPLICABLE TO ALL PENDING S LPS / APPEALS / CROSS OBJECTIONS / REFERENCES. IT READS AS UNDER: F. NO. 279/MISC/M-93/2018-ITJ GOVERNMENT OF INDIA MINISTRY OF FINANCE DEPARTMENT OF REVENUE CENTRAL BOARD OF DIRECT TAXES ********** ROOM NO. 12, 5 TH FLOOR, JEEVANVIHAR BUILDING, PARLIAMENT STREET, NEW DELHI. DATED THE 20 TH AUGUST, 2019. TO, ALL PR. CHIEF COMMISSIONERS OF INCOME TAX SUB: WITHDRAWAL OF PENDING CASES AFTER ENHANCEMENT OF MONETARY LIMITS MATTER REG; REF. CIRCULAR NO. 17/2019 DATED 8 TH AUGUST, 2019 (F.NO. 279/MISC. 142/2007- ITJ(PT) AND CIRCULAR NO. 3 OF 2018. SIR, KINDLY REFER TO THE AFORESAID SUBJECT. REPRESENTAT IONS HAVE BEEN RECEIVED FROM THE FIELD, SEEKING CLARIFICATIONS ON APPLICABILITY OF CIRCULAR 17 OF 2019 ON PENDING APPEALS. 2. IN THIS REGARD, IT IS STATED THAT CIRCULAR 17 OF 2019 RELAXES THE MONETARY LIMITS AS MENTIONED IN THE TABLE THERE IN AND ALL OTHER PA RAS, EXCEPT PARA 5 OF CIRCULAR 3, RELATING TO COMPOSITE ORDERS SHALL BE APPLICABLE IN TOTO. 3. THEREFORE, IT IS CLEAR THAT THE REVISED MONETARY LIMITS SO MENTIONED IN CIRCULAR 17/2019 IS APPLICABLE, TO ALL PENDING SLPS/APPEALS/ CROSS OBJECTIONS/REFERENCES. ALL SUCH PENDING APPEALS WITHIN THE REVISED LIMITS SHAL L BE WITHDRAWN ON OR BEFORE 31.10.2019 AND A FORTNIGHTLY REPORT AS TO PROGRESS ON WITHDRAWALS SHOULD BE SUBMITTED TO BOARD, BY 15 TH & 31 ST OF EVERY MONTH. 4. THIS ISSUES WITH THE APPROVAL OF THE CHAIRMAN, C BDT. ENCL. AS ABOVE YOURS FAITHFULLY, SD/- (ABHISHEKGAUTAM) DCIT (OSD) (ITJ-I), CBDT TELE: 011-23741832 COPY TO: 1. PR. DCIT (L&R) FOR KIND INFORMATION & N ECESSARY ACTION ITA NOS.- 4173/DEL/2012, 4472/DEL/2010 AND 1527/DEL /2015 ARIBA INC. AND SMT. ANJU GUPTA. PAGE 15 OF 17 2. DATABASE CELL FOR UPLOADING ON IRSOFFIC ERONLINE. (B.3) IN VIEW OF THE FOREGOING DISCUSSION, AND RESP ECTFULLY FOLLOWING THE PRECEDENTS MENTIONED IN FOREGOING PARAGRAPHS (B.2) , (B.2.1) A ND (B.2.2) OF THIS ORDER, WE ARE OF THE FIRM VIEW THAT THE REVISED / ENHANCED MINIMUM THRESHOLD LIMIT OF T AX EFFECT OF RS. 50,00,000/- VIDE AFORESAID RECENT CBDT CIRC ULAR NO. 17/2019 DATED 08.08.2019 IS APPLICABLE NOT ONLY FOR APPEALS TO BE FILED BY REVENUE IN FUTURE; BUT ALSO FOR APPEALS ALREADY FILED BY REVEN UE IN ITAT. ACCORDINGLY, IN VIEW OF THE AFORESAID RECENT CBDT CIRCULAR NO. 17/2 019 DATED 08/08/2019; THE DIRECTION IN AFORESAID EARLIER CIRCULAR DATED 1 1.07.2018 TO WITHDRAW /NOT PRESS REVENUES APPEAL WITH TAX EFFECT BELOW RS. 20 ,00,000/-; IS NOW TO BE READ AS DIRECTION TO WITHDRAW / NOT PRESS REVENUES APPEAL WITH TAX EFFECT BELOW REVISED / ENHANCED LIMIT OF RS. 50,00,000/-. BY NECESSARY IMPLICATION, THEREFORE, ALL EXISTING APPEALS IN ITAT, HAVING TAX EFFECT BELOW THE REVISED / ENHANCED LIMIT OF RS. 50,00,000/-, ARE TO BE TREATE D AS WITHDRAWN / NOT PRESSED; AND ARE, NOT MAINTAINABLE. WE ALSO HOLD, IN VIEW OF THE FOREGOING, THAT THE RELAXATION IN MONETARY LIMITS FOR FILING OF APPEALS BY REVENUE IN ITAT, VIDE AFORESAID CBDT CIRCULAR DATED 08.08.2019 SHALL BE APPLICABLE ALSO TO THE PENDING APPEALS IN ITAT ALREADY FILED BY REVENUE. IT IS WELL SETTLED THAT CBDT CIRCULARS AND INSTRUCTIONS, WHICH ARE BENEFICIAL FO R ASSESSEE, ARE BINDING ON THE AUTHORITIES BELOW. ACCORDINGLY, THIS APPEAL FILED BY REVENUE IS TREA TED AS WITHDRAWN / NOT PRESSED BY REVENUE; AND HELD TO BE NOT MAINTAINABLE HAVING REGARD TO THE AFORESAID CBDT CIRCULAR DATED 08.08.2019. WE C LARIFY THAT REVENUE WILL BE AT ITA NOS.- 4173/DEL/2012, 4472/DEL/2010 AND 1527/DEL /2015 ARIBA INC. AND SMT. ANJU GUPTA. PAGE 16 OF 17 LIBERTY TO APPROACH INCOME TAX APPELLATE TRIBUNAL S EEKING RECALL OF THIS ORDER AND, FOR RESTORATION OF THE APPEAL, IF IT IS FOUND THAT APPE AL OF REVENUE IS NOT COVERED BY AFORESAID CBDT CIRCULAR DATED 08.08.2019. (C) IN THE RESULT, THIS APPEAL IS DISMISSED BEING W ITHDRAWN / NOT PRESSED AND NOT MAINTAINABLE. ORDER PRONOUNCED IN THE OPEN COURT ON 27 TH DAY OF AUGUST, 2019 SD/- SD/- (H.S. SIDHU) (ANADEE NATH M ISSHRA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 27 .08.2019 POOJA/- COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI ITA NOS.- 4173/DEL/2012, 4472/DEL/2010 AND 1527/DEL /2015 ARIBA INC. AND SMT. ANJU GUPTA. PAGE 17 OF 17 DATE OF DICTATION DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. PS/PS DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/PS DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT DATE ON WHICH THE FILE GOES TO THE BENCH CLERK DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER
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