DCIT, New Delhi V. M/s. Modland Wears Pvt. Ltd., New Delhi

ITA 4178/DEL/2015

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 6953 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 1 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-07-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2010-2011
• Appeal Filed On: 26-06-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIJAY KR JIWANI
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH B, NEW DELHI BEFORE SHRI R. K. PANDA, ACCOUNTANT MEMBER AND SMT. BEENA A. PILLAI, JUDICIAL MEMBER ITA NOS.4178 & 4179/DEL/2015 ASSESSMENT YEARS : 2010-11 & 2011-12 DCIT, CIRCLE- 17(1), NEW DELHI. VS. MODLAND WEARS PVT. LTD., A-113, BAROTHERHOOD APARTMENTS, H- BLOCK, VIKAS PURI, NEW DELHI. PAN : AAACM0216F (APPELLANT) (RESPONDENT) DEPARTMENT BY : SHRI VIJAY KR. JIWANI, SR.DR ASSESSEE BY : SHRI ANUNAV KUMAR, ADV. DATE OF HEARING : 31-07-2018 DATE OF PRONOUNCEMENT : 31-07-2018 O R D E R PER BENCH : THE ABOVE TWO APPEALS FILED BY THE REVENUE ARE DIRE CTED AGAINST THE SEPARATE ORDERS DATED 26.03.2015 AND 30.03.2015 OF THE CIT(A)- 6, DELHI RELATING TO ASSESSMENT YEARS 2010-11 AND 2011-12 RE SPECTIVELY. SINCE IDENTICAL GROUNDS HAVE BEEN TAKEN BY THE REVENUE IN BOTH THE APPEALS, THEREFORE, THESE WERE HEARD TOGETHER AND ARE BEING DISPOSED OF BY TH IS COMMON ORDER FOR THE SAKE OF CONVENIENCE. 2. THE LD. COUNSEL FOR THE ASSESSEE AT THE OUTSET S UBMITTED THAT THE TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE IN EA CH APPEAL IS BELOW RS.20 LAKHS. THEREFORE, IN VIEW OF THE LATEST CBDT CIRCU LAR NO.03/2018 2 ITA NOS.4178 & 4179/DEL/2015 [F.NO.279/MISC.142/2007-ITJ (PT)] DATED 11 TH JULY, 2018, THE APPEALS FILED BY THE REVENUE ARE NOT MAINTAINABLE. 3. THE LD. DR ON THE OTHER HAND FAIRLY CONCEDED THA T THE TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE IN EACH APPEAL IS ADMITTEDLY BELOW RS.20 LAKHS. 4. WE HAVE HEARD THE RIVAL SUBMISSIONS MADE BY BOTH THE SIDES. IT IS AN ADMITTED FACT THAT THE TAX EFFECT INVOLVED IN THE G ROUNDS RAISED BY THE REVENUE IN BOTH THE APPEALS IS LESS THAN RS.20 LAKHS. THER EFORE, IN VIEW OF THE LATEST CBDT CIRCULAR CITED (SUPRA) RAISING THE MONETARY LI MITS FOR FILING OF THE APPEALS BEFORE THE TRIBUNAL WHICH IS APPLICABLE EVEN TO PEN DING APPEALS, THE APPEALS FILED BY THE REVENUE ARE DISMISSED. 5. IN THE RESULT, BOTH THE APPEALS FILED BY THE REV ENUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ITSELF I.E. ON THIS 31 ST JULY, 2018. SD/- SD/- (BEENA A. PILLAI) (R. K. PANDA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 31-07-2018. SUJEET COPY OF ORDER TO: - 1) THE APPELLANT 2) THE RESPONDENT 3) THE CIT 4) THE CIT(A) 5) THE DR, I.T.A.T., NEW DELHI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT, NEW DELHI