DCIT, Circle- 6(2), New Delhi V. CRS Infra Projects Ltd., New Delhi

ITA 4437/DEL/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 2908 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 8 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-03-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 11-06-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NIDHI SRIVASTAVA
• Assessee Lawyers: UMANG LUTHRA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI B BENCH: NEW DELHI (THROUGH VIDEO CONFERENCING ) BEFORE SHRI KUL BHARAT, JUDICIAL MEMBER AND SHRI ANADEE NATH MISSHRA, ACCOUNTANT MEMBER ITA NO.4437/DEL/2018 ASSESSMENT YEAR : 2009-10 DCIT, CIRCLE-6(2), NEW DELHI. VS CRS INFRA PROJECTS LTD., B-201,VIKAS TOWER, PLOT NO.8, G-BLOCK, COMMUNITY CENTRE, NEAR PVT VIKAS PURI, NEW DELHI-110018. PAN-AAACC4794N APPELLANT RESPONDENT APPELLANT BY MS. NIDHI SRIVASTAVA, CIT DR RESPONDENT BY MS. UMANG LUTHRA, ADV. DATE OF HEARING 02.03.2021 DATE OF PRONOUNCEMENT 02.03.2021 PER KUL BHARAT, JM : THIS APPEAL BY THE REVENUE PERTAINING TO ASSESSMENT YEAR 2009-10 IS DIRECTED AGAINST THE ORDER OF LD. CIT(A)-2, NEW DEL HI DATED 16.03.2018. THE REVENUE HAS RAISED FOLLOWING GROUNDS OF APPEAL: - 1. WHETHER ON THE FACTS AND THE CIRCUMSTANCES OF T HE CASE AND IN LAW, THE LD.CIT(A) IS LEGALLY JUSTIFIED IN I GNORING THE FACT THAT THE DISALLOWANCE OF BUILDING MATERIAL EXPENSES AMOUNTING TO RS.49,56,362/- WAS MADE BECAUSE SUPPOR TING BILLS AND EVIDENCES WERE NOT FILED BY THE ASSESSEE. 2. WHETHER ON THE FACTS AND THE CIRCUMSTANCES OF TH E CASE AND IN LAW, THE LD.CIT(A) IS LEGALLY JUSTIFIED IN I GNORING THE FACT THAT THE ADDITION OF RS.85,07,003/- WAS MADE FOR EX PENSES IN SUPPORT OF WHICH BILLS/INVOICES WERE AVAILABLE BUT THE SAME WERE NOT RECORDED IN THE BOOKS OF THE ASSESSEE COMP ANY. ITA NO. 4437/DEL/2018 2 | P A GE 2. THE REVENUE HAS FILED AN APPLICATION SEEKING ADJ OURNMENT ON THE GROUND THAT THE LD.CIT DR IS ON LEAVE. HOWEVER, DU RING THE COURSE OF HEARING, LD. COUNSEL FOR THE ASSESSEE POINTED OUT T HAT THE PRESENT APPEAL IS NOT MAINTAINABLE ON ACCOUNT OF PECUNIARY LIMITS AS PRESCRIBED BY CBDT CIRCULAR NO.17/2019 DATED 08.08.2019. 3. HAVING HEARD THE LD. COUNSEL FOR THE ASSESSEE AN D PERUSED THE MATERIAL ON RECORD, WE FIND MERIT IN THE CONTENTION OF THE LD. COUNSEL FOR THE ASSESSEE AS THE TAX EFFECT IS LOWER THAN RS.50 LAKHS AS PRESCRIBED BY CBDT CIRCULAR NO.17/2019 DATED 08.08.2019. THERE I S NOTHING ON RECORD SUGGESTING THAT THE MATTER FALLS UNDER ANY OF THE E XCEPTION AS PRESCRIBED UNDER THE AFORESAID CIRCULAR. WE, THEREFORE, REJECT THE APPLICATION SEEKING ADJOURNMENT AND DISMISS THE APPEAL BEING NOT MAINTA INABLE IN VIEW OF THE CBDT CIRCULAR NO.17/2019 DATED 08.08.2019. HOWEVER, THE REVENUE WOULD BE AT LIBERTY TO APPROACH THE TRIBUNAL BY WAY OF MISCELLANEOUS APPLICATION, IF IT IS FOUND THAT THE TAX EFFECT IS HIGHER THAN THE PRESCRIBED LIMIT OR OTHERWISE THE MATTER FALLS UNDER ANY OF TH E EXCEPTION CLAUSES. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT DURING THE COURS E OF HEARING ON 02 ND MARCH 2021. SD/- SD/- (ANADEE NATH MISSHRA) (KUL BHARAT) ACCOUNTANT MEMBER JUDICI AL MEMBER DATE- 02.03.2021 * AMIT KUMAR * COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI