Raj Kumar Kedia, New Delhi V. ACIT, Central Circle-3, New Delhi

ITA 4477/DEL/2017

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 9053 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-08-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2013-2014
• Appeal Filed On: 06-07-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: NIPPUN MITTAL
• Assessee Lawyers: SUSHMA SINGH
• Keywords: Tax effect
• Section: 234B

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI F BENCH: NEW DELHI (THROUGH VIDEO CONFERENCING ) BEFORE SHRI KUL BHARAT, JUDICIAL MEMBER & SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER ITA NO.4876/DEL/2017 ASSESSMENT YEAR : 2012-13 ACIT, CENTRAL CIRCLE-3, NEW DELHI VS RAJ KUMAR KEDIA, R/O-59/17, BAHUBALI APARTMENTS, NEW ROHTAK ROAD, KAROL BAGH, NEW DELHI. PAN-AAOPK7634A APPELLANT RESPONDENT ITA NOS.4477 & 4478/DEL/2017 ASSESSMENT YEARS : 2013-14 & 2014-15 RAJ KUMAR KEDIA, R/O-59/17, BAHUBALI APARTMENTS, NEW ROHTAK ROAD, KAROL BAGH, NEW DELHI. PAN-AAOPK7634A VS ACIT, CENTRAL CIRCLE-3, NEW DELHI APPELLANT RESPONDENT APPELLANT BY SMT. SUSHMA SINGH, CIT DR RESPONDENT BY SH. NIPPUN MITTAL, CA DATE OF HEARING 03.08.2021 DATE OF PRONOUNCEMENT 03.08.2021 ORDER PER KUL BHARAT, JM : THESE APPEALS FILED BY THE REVENUE AND THE ASSESSEE FOR THE ASSESSMENT YEARS 2012-13 TO 2014-15 ARE DIRECTED AG AINST THE ORDER OF LD. CIT(A)-23, NEW DELHI, ALL DATED 03.05.2017. FOR T HE SAKE OF CONVENIENCE, ALL ABOVE-MENTIONED THREE APPEALS FILED BY THE REVE NUE AND THE ASSESSEE WERE TAKEN UP TOGETHER BEING DISPOSED OFF BY WAY OF A CONSOLIDATED ORDER. THE REVENUE HAS RAISED FOLLOWING GROUNDS OF APPEAL PERTAINING TO ASSESSMENT YEAR 2012-13 :- ITA NOS. 4876/DEL/2017 & OTHERS 2 | P A GE 1. 'THE ORDER OF LD.CIT(A) IS NOT CORRECT IN LAW AN D ON FACTS. 2. ON THE FACTS AND CIRCUMSTANCES OF THE CASE, THE LD.CIT(A) HAS ERRED IN LAW IN ALLOWING THE APPEAL OF THE ASSESSEE IN RESPECT TO THE CHARGING OF INTEREST U/S 234B OF THE ACT IGNORING T HE FACT THAT SECTION 234B WAS AMENDED BY FINANCE ACT, 2015 WITH EFFECT F ROM 01.06.2015. 2. HOWEVER, LD. COUNSEL FOR THE ASSESSEE POINTED OU T THAT THE PRESENT APPEAL PERTAINING TO ASSESSMENT YEAR 2012-13 DESERV ES TO BE WITHDRAWN AS THE TAX EFFECT INVOLVED IN THE CASE IS BELOW RS.50 LACS. 3. LD. DR COULD NOT CONTROVERT THE SUBMISSIONS OF T HE LD. COUNSEL FOR THE ASSESSEE. 4. THE CBDT VIDE CIRCULAR NO.17/2019 DATED 08.08.20 19 HAS REVISED THE MONETARY LIMIT FOR FILING THE APPEALS BEFORE TH E TRIBUNAL TO RS.50 LACS. FURTHER, CBDT VIDE LETTER DATED 20.08.2019 HAS ALSO CLARIFIED THAT CIRCULAR NO.17/2019 WOULD BE APPLICABLE TO ALL PENDING APPEA LS. IN SUCH CIRCUMSTANCES, THE PRESENT APPEAL FILED BY THE REVE NUE IN CASE OF LOW TAX EFFECT IS NOT MAINTAINABLE. 5. BEFORE PARTING, WE CLARIFY HERE THAT THE REVENUE SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR RE-INSTITUTION OF APPEAL, IF THE REQUISITE MATERIAL IS BROUGHT TO SHOW THAT THE APPEAL IS PROTECTED BY THE EXCEPTIONS PRESCRIBED IN PARA 10 OF THE CIRCULAR DATED 11.07.2018. 6. IN CONCLUSION, BY APPLYING THE CBDT CIRCULAR DAT ED 08.08.2019 AND LETTER DATED 20.08.2019 (SUPRA), THE CAPTIONED APPE AL OF THE REVENUE IS DISMISSED AS WITHDRAWN/NOT PRESSED. ITA NOS. 4876/DEL/2017 & OTHERS 3 | P A GE 7. NOW, WE TAKE UP BOTH APPEALS OF THE ASSESSEE PER TAINING TO ASSESSMENT YEAR 2013-14 & 2014-15 WHEREIN AN APPLIC ATION HAS BEEN FILED ON BEHALF OF THE ASSESSEE DATED NIL REQUESTING FOR WITHDRAWAL OF THE APPEALS. THE CONTENTS OF THE APPLICATION ARE REPRODUCED AS U NDER:- THE HEARING OF CAPTIONED APPEALS ARE FIXED FOR 03. 08.2021. I AM NO MORE INTERESTED IN PURSUING THESE APPEALS. THEREFO RE, I AM WITHDRAWING THE APPEALS. SO YOU ARE REQUESTED TO ALLOW THE WITHDRAWALS OF A PPEALS. 8. CONSIDERING THE SUBMISSION MADE IN THE APPLICATI ON SEEKING WITHDRAWAL OF THE APPEALS, THE ASSESSEE IS PERMITTE D TO WITHDRAW BOTH THE APPEALS. HENCE, BOTH APPEALS FILED BY THE ASSESSEE ARE DISMISSED AS WITHDRAWN. 9. IN THE RESULT, APPEALS OF REVENUE AND THE ASSESS EE ARE DISMISSED. ABOVE DECISION WAS PRONOUNCED ON CONCLUSION OF VIRT UAL HEARING IN THE PRESENCE OF BOTH THE PARTIES ON 03 RD AUGUST, 2021. SD/- SD/- (PRASHANT MAHARISHI) (KUL BHARAT) ACCOUNTANT MEMBER JUDI CIAL MEMBER *AMIT KUMAR* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI