ITO (E), New Delhi V. Development Innovation Trust, New Delhi

ITA 4310/DEL/2015

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 7270 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 1 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-08-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC 2
• Next Hearing Date: 01-08-2016
• Assessment Year: 2010-2011
• Appeal Filed On: 03-07-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MRS ANIMA BARANWAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: SMC-II NEW DELHI BEFORE SMT DIVA SINGH, JUDICIAL MEMBER I.T.A .NO.-431 0/DEL/2015 (ASSESSMENT YEAR- 2010-11) ITO(E), WARD-1(3), E-2 BLOCK, ROOM NO.2419, 24 TH FLOOR, PRATYAKSH KAR BHAWAN, CIVIC CENTRE, JAWAHAR LAL NEHRU MARG, NEW DELHI-110002. (APPELLANT) VS DEVELOPMENT INNOVATION TRUST, A-19, SAFDARJUNG ENCLAVE, NEW DELHI-110029. PAN-AABTD1286A (RESPONDENT) APPELLANT BY MRS. ANIMA BARANWAL, SR.DR RESPONDENT BY NONE ORDER THE PRESENT APPEAL HAS BEEN FILED BY THE REVENUE AS SAILING THE CORRECTNESS OF THE ORDER DATED 27.04.2015 OF CIT(A)-40 (EXEMPTI ON), NEW DELHI PERTAINING TO 2010-11 ASSESSMENT YEAR. 2. NO ONE IS PRESENT ON BEHALF OF THE ASSESSEE. I H AVE CONSIDERED THE MATERIAL AVAILABLE ON RECORD AND I FIND THAT THE APPEAL HAS BEEN PREFERRED BY THE REVENUE IN VIOLATION OF CIRCULAR NO.21/2015 DATED 10TH DECE MBER, 2015 OF CBDT. BY THE AFORESAID CIRCULAR, THE PECUNIARY LIMIT FOR FILING THE APPEAL BEFORE THE ITAT HAS BEEN PRESCRIBED BEYOND RS.10 LAKH. PARA 3 OF THE A FORESAID CIRCULAR HAS BEEN MADE APPLICABLE VIDE PARA 10 RETROSPECTIVELY. CONS IDERING THE SETTLED LEGAL PRECEDENT THAT THE BOARDS INSTRUCTIONS OR DIRECTIO NS ISSUED TO THE INCOME TAX AUTHORITIES U/S 268A OF THE INCOME TAX ACT, 1961 AR E BINDING ON THE AUTHORITIES, I HOLD THAT THE APPEAL IS NON-MAINTAINABLE. 3. IN VIEW OF THE ABOVE DISCUSSION, THE PRESENT APP EAL PREFERRED BY THE REVENUE IN VIOLATION OF CBDT CIRCULAR NO.21/2015 (CITED SUP RA) IS NOT MAINTAINABLE AND HENCE, THE SAME IS DISMISSED AS SUCH MAKING IT CLEA R THAT SINCE THE PRESENT APPEAL HAS NOT BEEN DISPOSED OF ON MERITS, BUT DUE TO THE ABOVE REASON, THIS ORDER DATE OF HEARING 01.08.2016 DATE OF PRONOUNCEMENT 29.08.2016 I.T.A .NO.-4310/DEL/2015 PAGE 2 OF 2 WILL NOT HAVE ANY JUDICIAL PRECEDENCE. ACCORDINGLY, THE APPEAL OF THE REVENUE IS DISMISSED AS NON-MAINTAINABLE. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 29 TH AUGUST, 2016. SD/- (DIVA SINGH) JUDICIAL MEMBER *AMIT KUMAR* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSI STANT REGISTRAR ITAT NEW DELHI