ITO, New Delhi V. Sh. Brijesh Regal, New Delhi

ITA 4481/DEL/2010

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 6650 (ITAT-DELHI)
• Duration Of Justice: 5 year(s) 4 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-02-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 07-12-2015
• Assessment Year: 2006-2007
• Appeal Filed On: 07-10-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K K JAISWAL
• Assessee Lawyers: R SANTHAN AM
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH A : NEW DELHI) BEFORE SHRI J.S. REDDY, ACCOUNTANT MEMBER AND SHRI A.T. VARKEY, JUDICIAL MEMBER ITA NO.4481/DEL./2010 (ASSESSMENT YEAR : 2006-07) ITA NO.2622/DEL./2011 (ASSESSMENT YEAR : 1998-99) ITO, WARD 2 (1), VS. SHRI BRIJESH REGAL, NEW DELHI. 579, DEVIL, EAST OF SAINIK FARMS, NEW DELHI 110 062. (PAN : AAHPR2959L) CO NO.60/DEL/2011 (IN ITA NO.4481/DEL./2010) (ASSESSMENT YEAR : 2006-07) SHRI BRIJESH REGAL, VS. ITO, WARD 2 (1), 579, DEVIL, EAST OF SAINIK FARMS, NEW DELHI. NEW DELHI 110 062. (PAN : AAHPR2959L) (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI R. SANTHANAM, ADVOCATE REVENUE BY : SHRI K.K. JAISWAL, DR O R D E R PER A.T. VARKEY, JUDICIAL MEMBER : THE APPEALS BY THE REVENUE AND THE CROSS OBJECTION BY THE ASSESSEE ARE FILED AGAINST THE ORDER OF THE RESPECTIVE CIT (APPEALS) FOR THE A SSESSMENT YEARS 2006-07 & 1998-99. 2. THE TAX EFFECT IN THE APPEALS BY THE REVENUE DOE S NOT EXCEED THE MONETARY LIMIT OF RS.10 LAKHS SPECIFIED IN CIRCULAR NO.21/2015 DATED 10 TH DECEMBER,2015, F.NO.279/MISC./142/2007-ITJ(PT.). ITA NO.4481/DEL./2010 CO NO.60/DEL/2011 ITA NO.2622/DEL./2011 2 3. WE ARE OF THE OPINION THAT THE CIRCULAR OF THE C BDT RESULTS IN THE REVENUE APPEAL BEING NOT MAINTAINABLE. FURTHER THIS CBDT CIRCULA R, AT PARA 10 SPECIFIES THAT THE INSTRUCTION WILL APPLY RETROSPECTIVELY, TO ALL PEND ING APPEALS. WE HAVE EXAMINED THE GROUNDS OF APPEALS AND HAVE FOUND THAT THE TAX EFFE CT ON THE QUANTUM OF INCOME IN DISPUTE IS BELOW THE MONETARY LIMIT OF RS.10,00,000/- (RUPE ES TEN LAKHS ONLY). 4. HENCE, WE DISMISS THE APPEALS FILED BY THE REVEN UE ON THE GROUND THAT THE TAX EFFECT IN THE PRESENT APPEALS DOES NOT EXCEED THE M ONETARY LIMIT SPECIFIED BY THE CBDT CIRCULAR NO.21/2015 DATED 10 TH DECEMBER,2015, F.NO. 279/MISC./142/2007-ITJ(PT.) A ND HENCE NOT MAINTAINABLE. ACCORDINGLY, THE CROSS OBJ ECTION FILED BY THE ASSESSEE HAS BECOME ACADEMIC AND HENCE, DISMISSED. 6. IN CASE THERE IS A MISTAKE IN THE CALCULATION OR IF THE CASE IS COVERED BY ANY OF THE EXCEPTION SPECIFIED IN THE CIRCULAR, THE REVENUE MA Y FILE MISC. APPLICATION U/S 254(2) OF THE INCOME TAX ACT 1961 POINTING OUT THE MISTAKE AN D IF THE BENCH IS CONVINCED OF THE MISTAKE, THE ORDER WILL BE RECALLED AND THE APPEALS WILL BE RESTORED FOR FRESH DISPOSAL ON MERITS. 7. IN THE RESULT, THE REVENUES APPEALS AND THE CRO SS OBJECTION BY THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON THIS 29 TH DAY OF FEBRUARY, 2016. SD/- SD/- (J.S. REDDY) (A.T. VARKE Y) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED THE 29 TH DAY OF FEBRUARY, 2016 TS ITA NO.4481/DEL./2010 CO NO.60/DEL/2011 ITA NO.2622/DEL./2011 3 COPY FORWARDED TO: 1.APPELLANT 2.RESPONDENT 3.CIT 4.CIT(A)-V, NEW DELHI. 5.CIT(ITAT), NEW DELHI. AR, ITAT NEW DELHI.