ITO, New Delhi V. M/s. Innovative Steels Pvt. Ltd., New Delhi

ITA 4448/DEL/2011

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 6649 (ITAT-DELHI)
• Duration Of Justice: 6 year(s) 9 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-07-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 02-05-2017
• Assessment Year: 2006-2007
• Appeal Filed On: 05-10-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 37

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH C , NEW DELHI BEFORE S H. R. K. PANDA , ACCOUNTANT MEMBER AND MS . SUCHITRA KAMBLE, JUDICIAL MEMBER ITA NO S . 5750 , 4 37 2 & 4448 /DEL/201 1 ASSESSMENT YEAR S : 200 2 - 0 3 , 2005 - 06 & 2006 - 07 ITO WARD - 11(4) ROOM NO. 324, NEW DELHI VS M/S. INNOVATIVE STEELS PVT. LTD. , N - 127, GREATER K AILASH - I NEW DELHI PAN AAACI9255J (APPELLANT) (RESPONDENT) APPELLANT BY SH. ARUN KUMAR YADAV, SR. DR RESPONDENT BY S H. SHAILESH GUPTA, CA DATE OF HEARING: 19/07/2018 DATE OF PRONOUNCEMENT: 19 / 07 /2018 ORDER PER BENCH ITA NO. 5750/DEL /2011 FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 14.10.2011 OF THE CIT (APPEALS) - XIII, NEW DELHI RELATING TO A. Y. 2002 - 03 . ITA NO.4732/DEL/2 011 AND 4448/DEL/2011 FILED BY THE REVENUE ARE DIRECTED AGAINST THE SEPARATE ORDER S DATED 12.08.2011 OF THE CIT (APPEALS) - VIII, NEW DELHI RELATING TO A. Y. 2005 - 06 AND 2006 - 07 RESPECTIVELY. A LL THESE APPEALS WERE HEARD TOGETHER AND ARE BEING DISPOSED OF BY THIS COMMON ORDER FOR THE SAKE OF CONVENIENCE. 2. THE LD. COUNSEL FOR THE ASSESSEE AT THE OUTSET SUBMITTED THAT THE TAX EFFECT IN ALL THE THREE APPEALS FILED BY THE REVENUE ARE BELOW 2 RS.20,00,000/ - . THEREFORE, IN VIEW OF THE LATEST CBDT CIRCULAR NO.03/2 018 [F.NO.279/MISC.142/2007 - ITJ (PT.)] DATED 11.07.201 8 REVISING THE MONETARY LIMIT TO RS.20,00,000/ - FOR FILING THE APPEALS BY THE DEPARTMENT BEFORE ITAT WHICH ARE APPLICABLE TO PENDING APPEALS ALSO, THE APPEALS FILED BY THE REVENUE SHOULD BE DISMISSED. 3. THE LD. DR ON THE OTHER HAND FAIRLY CONCEDED THAT THE TAX EFFECT ON THE APPEALS FILED BY THE REVENUE IN EACH APPEAL IS BELOW RS.20,00,000/ - . 4. THE CBDT VIDE CIRCULAR NO.03/2018 DATED 11.07.201 8 HAS REVISED THE MONETARY LIMIT FOR FILING THE APPEALS BY THE DEPARTMENT BEFORE THE ITAT. AS PER PARA 3 OF THE SAID CIRCULAR IT IS ALSO CLARIFIED THAT THE PENDING APPEALS OF THE DEPARTMENT BEFORE ITAT HAVING MONETARY LIMIT OF RS. 20,00,000/ - WILL BE TREATED AS WITHDRAWN. SINCE IN THE INSTANT CASE THE TAX EFF ECT IN ALL THE THREE APPEALS FILED BY THE REVENUE IS ADMITTEDLY BELOW TO RS. 20,00,000/ - , THEREFORE, IN VIEW OF THE LATEST CBDT CIRCULAR CITED (SUPRA) ALL THE THREE APPEALS FILED BY THE REVENUE ARE DISMISSED. 5 . IN THE RESULT, THE APPEALS FILED BY THE RE VENUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 1 9 .07.2018. SD/ - SD/ - ( SUCHITRA KAMBLE ) (R.K. PANDA) JUDICIAL MEMBER ACCOUNTANT MEMBER *NEHA* DATE: - 19 .0 7 .2018 COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(APPEALS) 5 . DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI 3 DATE OF DICTATION 19.07.2018 DATE ON WHICH THE TYPED DRAFT IS P LACED BEFORE THE DICTATING MEMBER 19.07.2018 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER 19.07.2018 DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.PS/PS 19.07.2018 DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBE R FOR PRONOUNCEMENT 19.07.2018 DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/ PS 19.07.2018 DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT 19.07.2018 DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 2 3 .07.2018 DATE ON WHICH FIL E GOES TO THE HEAD CLERK. THE DATE ON WHICH FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER 4