ACIT, New Delhi V. M/s. Starcon India Ltd., New Delhi

ITA 4424/DEL/2012

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 3685 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 7 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-04-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 06-04-2017
• Assessment Year: 2003-2004
• Appeal Filed On: 16-08-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SAMEEP GUPTA
• Assessee Lawyers: AMRIT KUMAR
• Keywords: Tax effect

Judgement Text

I.T.A .NO.-4424/DEL/2012 ACIT VS STARCON INDIA LTD. IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: G NEW DELHI BEFORE SH. BHAVNESH SAIN I, JUDICIAL MEMBER AND SH.L.P.SAHU, ACCOUNTANT MEMBER I.T.A .NO.-4424/DEL/2012 (ASSESSMENT YEAR-2003-04) ACIT, CIRCLE-9(1), ROOM NO.-163, C.R. BUILDING, NEW DELHI. ( APPELLANT) VS STARCON INDIA LTD., 303, SOUTHERN PARK, D-2, SAKET PLACE, NEW DELHI-110017. PAN-AAACS4622F (RESPONDENT) ASSESSEE BY SH.AMRIT KUMAR, SR. DR REVENUE BY SH.S AMEEP GUPTA, ADV DATE OF HEARING 0 6 .04.2017 DATE OF PRONOUCNEMENT 07 .04.2017 ORDER PER BHAVNESH SAINI, JUDICIAL MEMBER THIS APPEAL BY REVENUE HAS BEEN DIRECTED AGAINST T HE ORDER OF CIT(A)-XII, NEW DELHI DATED 17.05.2012 FOR AY 2003-04, CHALLENGING THE CANCELLATION OF PENALTY OF RS.7,67,927/- U/S 271(1)(C) OF THE I.T.ACT, 1961. 2. WE HAVE HEARD LD. REPRESENTATIVES OF BOTH THE PA RTIES. 3. THE CBDT VIDE CIRCULAR NO.21/2015 DATED 10.12.20 15 HAS DECIDED THAT THE APPEAL SHALL NOT BE FILED BEFORE THE APPELLATE TRIB UNAL IN CASES WHERE THE TAX EFFECT DOES NOT EXCEED MANDATORY LIMIT OF RS.10 LACS. THE CIRCULAR WOULD APPLY TO ALL PENDING APPEALS AS WELL. ADMITTEDLY IN THE DEPARTM ENT APPEAL, THE TAX EFFECT IS LESS THAN RS.10 LACS. THEREFORE, THE DEPARTMENTAL APPEA L IS NOT MAINTAINABLE AS WAS FILED IN VIOLATION OF ABOVE BOTH CIRCULARS. 4. LD. DR IN VIEW OF THE ABOVE, DID NOT PRESS THE D EPARTMENT APPEAL. WE MAY ALSO NOTE THAT THE DEPARTMENT WOULD NOT FALL IN EXCEPTIO N PROVIDED IN THE ABOVE BOARD CIRCULAR. 5. IN VIEW OF THE ABOVE, THE DEPARTMENTAL APPEAL IS DISMISSED. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 07 TH OF APRIL, 2017. SD/- SD/- (L.P.SAHU) (BHA VNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATE:- 07 TH APRIL, 2017 *AMIT KUMAR* PAGE 2 OF 2 I.T.A .NO.-4424/DEL/2012 ACIT VS STARCON INDIA LTD. COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI