ACIT, Central Circle- 30, New Delhi V. Kuber Khaini Pvt. Ltd., Delhi

ITA 4219/DEL/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 6119 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 10 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-04-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2009-2010
• Appeal Filed On: 01-06-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PRAKASH DUBEY
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH, FRIDAY: NEW DELHI (THROUGH VIDEO CONFERENCING) BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND SHRI KUL BHARAT, JUDICIAL MEMBER ITA NO.4219/DEL/2018 ASSESSMENT YE AR : 2009-10 ACIT, CENTRAL CRICEL-30 ROOM NO.320, 3 RD FLOOR, ARA CENTRE, JHANDEWALAN EXTN. NEW DELHI VS. M/S KUBER KHAINI PVT. LTD. 32-K SIRASPUR, GODWON NO.6, G.T. KARNAL ROAD, SIRASPUR, DELHI-110042 PAN-AABCK0469M (APPELLANT) (RESPONDENT) APPELLANT BY : SH. PRAKASH DUBEY , SR. DR RESPONDENT BY : SH. P.C. YADAV , ADVOCATE DATE OF HEARING : 16.04.2021 DATE OF PRONOUNCEMENT : 16.04.2021 ORDER PER R.K. PANDA, AM : THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE OR DER DATED 22.03.2018 OF THE LEARNED CIT(A)-30, NEW DELHI, RELATING TO AS SESSMENT YEAR 2009-10. 2. THE LEARNED COUNSEL FOR THE ASSESSEE REFERRING TO TH E GROUNDS OF APPEAL FILED BY THE REVENUE SUBMITTED THAT THE TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE IS BELOW RS.50 LAKH. THEREFORE, IN V IEW OF THE CBDT CIRCULAR NO.17/2019 DATED 08.08.2019 RAISING THE MONETARY LIMIT FOR FILING OF APPEALS BEFORE THE TRIBUNAL TO RS.50 LACS AND SUBSEQUENT CBDT LETTER DATED 20.08.2019 CLARIFYING THAT THE CIRCULAR NO.17/2019 WOULD BE APPLICABLE EVEN ITA NO.4219/DEL/2019 2 TO ALL PENDING APPEALS, THE PRESENT APPEAL FILED BY THE REVE NUE ON ACCOUNT OF LOW TAX EFFECT IS NOT MAINTAINABLE. 3. AFTER HEARING BOTH SIDES, WE FIND THE TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE IS BELOW RS.50 LACS. THER EFORE, IN VIEW OF CBDT CIRCULAR NO.17/2019 DATED 08.08.2019 AND SUBSEQUEN T LETTER DATED 20.08.2019 CLARIFYING THAT THE SAID CIRCULAR IS APPLICABLE EVEN TO PENDING APPEALS, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE AND ACCORDINGLY THE SAME IS DISMISSED. 4. HOWEVER, IF THE REVENUE AT ANY POINT OF TIME FINDS THAT THE TAX EFFECT INVOLVED IS MORE THAN RS.50 LACS OR THAT THE TAX E FFECT IS PROTECTED BY ANY EXCEPTIONS PRESCRIBED IN THE SAID CIRCULAR, THE REVEN UE IS AT LIBERTY TO APPROACH THE TRIBUNAL FOR RECALL OF THE ORDER AND THE TR IBUNAL SHALL CONSIDER THE SAME. 5. IN THE RESULT, THE APPEAL FILED BY THE REVENUE STANDS DISMISSED. ODER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARIN G ITSELF I.E. ON 16/04/2021. SD/- SD/- (KUL BHARAT) (R.K. PANDA) JUDICIAL MEMBER ACCOUNTANT MEMBER DELHI/DATED- 16.04.2021 F{X~{T COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT BY ORDER ASSISTANT REGISTRAR, ITAT, DELHI ITA NO.4219/DEL/2019 3 DRAFT DICTATED 16.04.2021 DRAFT PLACED BEFORE AUTHOR 16.04.2021 APPROVED DRAFT COMES TO THE SR.PS/PS ORDER SIGNED AND PRONOUNCED ON .04.2021 FILE SENT TO THE BENCH CLERK .04.2021 DATE ON WHICH FILE GOES TO THE AR DATE ON WHICH FILE GOES TO THE HEAD CLERK. DATE OF DISPATCH OF ORDER. DATE OF UPLOADING ON THE WEBSITE .04.2021