ITO, New Delhi V. M/s. Exquisite Decors Pvt. Ltd., New Delhi

ITA 4490/DEL/2010

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 7503 (ITAT-DELHI)
• Duration Of Justice: 5 year(s) 9 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-08-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 03-08-2016
• Assessment Year: 2005-2006
• Appeal Filed On: 08-10-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: LALITHA KRISHANAMURTHY
• Keywords: Tax effect

Judgement Text

ITA NO. 4490/D/2010 EXQUISITE DECORS P. LTD. PAGE 1 OF 11 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH B, NEW DELHI BEFORE SHRI G.D. AGRAWAL, VICE PRESIDENT AND SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER ITA NO. 4490/DEL/2010 ASSESSMENT YEAR: 2005-06 ITO WARD 11(2) ROOM NO. 321, C.R. BLDG., NEW DELHI. VS EXQUISITE DECORS P. LTD. 19, HARCHARAN BAGH, ANDHERIA MOR, MEHRAULI, NEW DELHI. (APPELLANT) (RESPONDENT) APPELLANT BY : SH. N.K. BANSAL , SR. DR RESPONDENT BY : MS. LALITHA KRISHANAMURTHY, ADV. DATE OF HEARING : 03.08.2016 DATE OF PRONOUNCEMENT : ORDER PER SUDHANSHU SRIVASTAVA, J.M. THIS IS AN APPEAL BY THE DEPARTMENT AGAINST THE ORDER DATED 20.08.2010 OF CIT (A)-XIII, NEW DELHI F OR AY 2005-06, WHEREIN THE LD. CIT (A) HAS DELETED ADDITI ONS AMOUNTING TO RS. 28,56,606/-. 2. THE LD. COUNSEL FOR THE ASSESSEE STATED THAT THE TAX EFFECT IN THE DEPARTMENTAL APPEAL IS LESS THAN RS. 10 LACS. SHE FILED A CALCULATION AS PER WHICH THE DISP UTED TAX COMES TO RS. 9,99,812/-. IT WAS SUBMITTED THAT IN ITA NO. 4490/D/2010 EXQUISITE DECORS P. LTD. PAGE 2 OF 3 VIEW OF THE CBDTS LATEST CIRCULAR NO. 21/2015 DA TED 10/12/2015, THE APPEAL WAS NOT MAINTAINABLE. 3. THE LD. D.R., ALTHOUGH SUPPORTED THE ORDER OF T HE ASSESSING OFFICER, BUT COULD NOT CONTROVERT THE FAC T THAT TAX EFFECT IN THIS APPEAL IS LESS THAN RS.10,00,000 /-. 4. FROM CLAUSE 10 OF THE ABOVE CIRCULAR IT IS CLEA R THAT THESE INSTRUCTIONS ARE APPLICABLE TO THE PENDING AP PEALS ALSO AND THERE IS CLEAR CUT INSTRUCTION TO THE DEPA RTMENT TO WITHDRAW OR NOT TO PRESS THE APPEALS FILED BEFOR E THE ITAT WHEREIN TAX EFFECT IS LESS THAN RS.10,00,000/- . THESE INSTRUCTIONS ARE OPERATIVE RETROSPECTIVELY TO THE PENDING APPEALS ALSO. 5. KEEPING IN VIEW THE CBDT CIRCULAR NO.21 OF 2015 DATED 10.12.2015 AND ALSO THE PROVISIONS OF SECTION 268A OF INCOME TAX ACT, 1961, WE ARE OF THE VIEW TH AT THE REVENUES APPEAL IS LIABLE TO BE DISMISSED. 6. IN VIEW OF THE ABOVE, WITHOUT GOING INTO MERITS OF THE CASE, WE DISMISS THE APPEAL FILED BY THE DEPART MENT. WE DO, HOWEVER, ADD THAT IF ON VERIFICATION OF THE FACTS ITA NO. 4490/D/2010 EXQUISITE DECORS P. LTD. PAGE 3 OF 3 AND THE CALCULATION OF THE TAX EFFECT, THE DEPARTME NT FEELS THAT THE TAX EFFECT HAS BEEN WRONGLY CALCULATED, DEPARTMENT SHALL BE FREE TO MOVE A MISCELLANEOUS APPLICATION FOR THE RECALL OF THIS ORDER. 7. IN THE RESULT, APPEAL OF THE DEPARTMENT IS DISMI SSED. (ORDER PRONOUNCED IN THE COURT ON 04.08.2016) SD/- SD/- (G.D. AGRAWAL) (SUDHANSHU SRIVASTAVA) VICE PRESIDENT JUDICIAL ME MBER DATED: 04.08.2016 *KAVITA ARORA COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR