ITO, Ward- 23(4), New Delhi V. SIMCO Infrastructure India Pvt. Ltd., Delhi

ITA 434/DEL/2018

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 4765 (ITAT-DELHI)
• Duration Of Justice: 6 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 16-01-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIJAY KUMAR JIWANI
• Keywords: Tax effect
• Section: 68

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: C+SMC, NEW DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER ITA.NO.434/DEL/2018 ASSESSMENT YEAR 2010-2011 INCOME TAX OFFICER, WARD-23(4), ROOM NO.246, CR BUILDING, I.P. ESTATE, NEW DELHI . VS. M/S. SIMCO INFRASTRUCTURE INDIA PVT. LTD., (EARLIER KNOWN AS M/SUBMITTED THAT CHAMPA COMMERCIAL PVT. LTD.,), B-68, SURAJMAL VIHAR, DELHI 110 092. PAN ACWFS0378R APPELLANT RESPONDENT REVENUE BY : SH. VIJAY KUMAR JIWANI, SR. DR ASSESSEE BY : SH. SHAILESH GUPTA, C.A. & SH. P.C. YADAV, ADVOCATE. DATE OF HEARING : 09.08.2018 DATE OF PRONOUNCEMENT : 09.08.2018 ORDER PER BHAVNESH SAINI, JM THIS APPEAL BY THE REVENUE HAS BEEN DIRECTED AGAINST THE ORDER OF LD. CIT(A)-2, NEW DELHI, DATED 20.10.2017, FOR 2 ITA.NO.434/DEL./2018 M/S. SIMCO INFRASTRUCTURE INDIA PVT. LTD., DELHI. ASSESSMENT YEAR 2010-2011, CHALLENGING THE DELETION OF ADDITION OF RS.45 LAKHS UNDER SECTION 68 OF THE I.T. ACT, 1961. 2. ADMITTEDLY, THE TAX EFFECT IN THE DEPARTMENTAL APPEAL IS LESS THAN RS.20 LAKHS. VIDE CIRCULAR NO. 3 OF 2018 DATED 11.07.2018 ISSUED BY CBDT UNDER SECTION 268A OF THE I.T. ACT, IT HAS BEEN DIRECTED THAT DEPARTMENT SHALL NOT FILE APPEAL BEFORE THE TRIBUNAL IN CASE WHERE THE TAX EFFECT DOES NOT EXCEED THE MONETARY LIMIT OF RS.20 LAKHS. IT IS ALSO DIRECTED THAT THIS INSTRUCTION WILL APPLY RETROSPECTIVELY TO THE PENDING APPEALS AND APPEALS TO BE FILED HENCEFORTH IN THE TRIBUNAL. PENDING APPEALS BELOW THE SPECIFIED TAX EFFECT MAY BE WITHDRAWN/NOT PRESSED. LEARNED SR. D.R. IN VIEW OF THE ABOVE BOARD CIRCULAR DID NOT PRESS THE DEPARTMENTAL APPEAL. WE MAY ALSO NOTE THAT THE APPEAL OF THE DEPARTMENT ABOVE WOULD NOT FALL WITHIN THE EXCEPTIONS PROVIDED IN THE BOARD CIRCULAR. IN THE RESULT, THE DEPARTMENTAL APPEAL IS NOT MAINTAINABLE AS HAVE BEEN FILED AGAINST THE INSTRUCTION OF THE BOARD. THE 3 ITA.NO.434/DEL./2018 M/S. SIMCO INFRASTRUCTURE INDIA PVT. LTD., DELHI. DEPARTMENTAL APPEAL IS DISMISSED AS WITHDRAWN/NOT PRESSED BY THE LEARNED SR. D.R. 3. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT. (PRASHANT MAHARISHI) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED 09 TH AUGUST, 2018 VBP/- COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT SMC+C BENCH, DELHI 6. GUARD FILE //BY ORDER// ASSISTANT REGISTRAR ITAT : NEW DELHI.