ITO, Uttrakhand V. M/s. Shubham Stone Crusher, Uttrakhand

ITA 4259/DEL/2011

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 6682 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 5 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-03-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 10-03-2016
• Assessment Year: 2008-2009
• Appeal Filed On: 23-09-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANIMA BANWAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH G NEW DELHI BEFORE SHRI G.D. AGRAWAL, VICE PRESIDENT AND SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER ITA NO. 4259/DEL/2011 AY: 20 08-09 INCOME TAX OFFICER, VS SHUBHAM STON E CRUSHER, MANDI SAMITI PARISAR, VILLAGE ANANDPUR, KI CHHA TEHSIL, POST BAGWARA, KICHHA, DISTRICT UDHAM SING H NAGAR, KICHHA ROAD, RUDURPUR, UTTARAKHAND. DISTT. UDHAM SINGH NAGAR, (PAN: ABFFS8641H) UTTRAKHAND-263153 C.O. NO. 196/DEL/2012 (IN ITA NO. 4259/DEL/2011) AY: 20 08-09 SHUBHAM STONE CRUSHER, VS INCOME TAX OFF ICER UTTARAKHAND. UTTARAKHAND. (APPELLANT) (RESPONDENT) APPELLANT BY : SMT. ANIMA BANWAL, SR. DR RESPONDENT BY : SHRI SOMIL AGGARWAL, ADVOCATE ORDER PER SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER THIS APPEAL BY THE REVENUE AND CROSS OBJECTION BY THE ASSESSEE ARISE OUT OF THE ORDER PASSED BY THE L EARNED LD. CIT(A)-II DEHRADUN DATED 06.07.2011 FOR ASSESSM ENT YEAR 2008-09. 2. THE TAX EFFECT IN THIS APPEAL BY THE REVENUE DOES NOT EXCEED THE MONETARY LIMIT OF RS.10 LAKHS SPECIFIED IN RECE NT CBDT CIRCULAR NO.21/2015 DATED 10 TH DECEMBER, 2015, F.NO. 279/MISC./142/2007-ITJ(PT.) READ WITH S.268 A OF TH E INCOME I.T.A. NO. 4259/D/2011 & CO NO.196/D/12 ASSESSMENT YEAR 2008-09 2 TAX ACT 1961. FURTHER IN THIS CBDT CIRCULAR, AT PAR A 10 IT IS SPECIFIED THAT THE INSTRUCTION WILL APPLY RETROSPEC TIVELY, TO ALL PENDING APPEALS. 3. THE LD. D.R. COULD NOT CONTROVERT THE FACT THAT THE TAX EFFECT ON THE QUANTUM OF INCOME IN DISPUTE IS BELOW THE MO NETARY LIMIT OF RS.10,00,000/- (TEN LAKHS ONLY). 4. HENCE WE DISMISS THIS APPEAL FILED BY THE REVENUE ON THE GROUND THAT THE TAX EFFECT IN THE PRESENT APPEAL DO ES NOT EXCEED THE MONETARY LIMIT SPECIFIED BY THE CBDT CIRCULAR N O.21/2015 DATED 10 TH DECEMBER,2015, F.NO. 279/MISC./142/2007-ITJ(PT.) READ WITH S.268 A OF THE INCOME TAX ACT 1961, AND H ENCE NOT MAINTAINABLE. 5. IN CASE THERE IS A MISTAKE IN THE CALCULATION OR I F THE CASE IS COVERED BY ANY OF THE EXCEPTION SPECIFIED IN THE CI RCULAR, THE REVENUE MAY FILE A MISC. APPLICATION U/S 254(2) OF THE INCOME TAX ACT 1961 POINTING OUT THE MISTAKE AND IF THE BENCH IS CONVINCED OF THE MISTAKE, THIS ORDER WILL BE RECALLED AND THE APPEAL RESTORED FOR FRESH DISPOSAL ON MERITS. 6. IN VIEW OF THE DISMISSAL OF THE APPEAL OF THE REVE NUE AND THE CROSS OBJECTION FILED BY THE ASSESSEE BEING ONLY SUPPORTIVE, THE SAME BECOMES INFRUCTUOUS AND IS DISMISSED. I.T.A. NO. 4259/D/2011 & CO NO.196/D/12 ASSESSMENT YEAR 2008-09 3 7. IN THE RESULT, BOTH THE APPEAL OF THE REVENUE AN D CROSS OBJECTION OF THE ASSESSEE STAND DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 10 TH OF MARCH, 2016. SD/- SD/- (G.D. AGRAWAL) (SU DHANSHU SRIVASTAVA) VICE PRESIDENT JUDICIAL MEMBER DATED: THE 10 TH OF MARCH, 2016 GS COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT BY ORDER ASSTT. REGISTRAR