ACIT, Circle-48(1), V. Susumu Yamamoto,

ITA 4545/DEL/2004

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 8713 (ITAT-DELHI)
• Duration Of Justice: 14 year(s) 10 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-09-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 12-06-2017
• Assessment Year: 2000-2001
• Appeal Filed On: 15-10-2004
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJA RAM SAH
• Assessee Lawyers: S D KAPILA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES B , NEW DELHI BEFORE SH. K. N. CHARY , JUDICIAL MEMBER DR. B. R. R. KUMAR , ACCOUNTANT MEMBER ITA NO. 4545/DEL./2004 : ASSTT. YEAR : 2000 - 01 ACIT, CIRCLE - 48(1), NEW DELHI VS SHRI SUSUMU YAMAMOTO, C/O SONY INDIA LTD., BLOCK - B - I, MOHAN CO - OP. INDL. ESTATE, MATHURA ROAD, NEW DELHI (APPELLANT) (RESPONDENT) PAN NO. ITA NO. 4544/DEL./2004 : ASSTT. YEAR : 2001 - 02 ACIT, CIRCLE - 48(1), NEW DELHI VS SHRI YOJI ISHIKAWA, C/O SONY INDIA LTD., BLOCK - B - I, MOHAN CO - OP. INDL. ESTATE, MATHURA ROAD, NEW DELHI (APPELLANT) (RESPONDENT) PAN NO. ASSESSEE BY : SH. S. D. KAPILA , ADV. REVENUE BY : SH. RAJA RAM SAH, CIT DR DATE OF HEAR ING: 11 . 0 9 .201 9 DATE OF PRONOUNCEMENT: 11.09 .201 9 ORDER PER DR. B.R.R. KUMAR ACCOUNTANT MEMBER : THE PRESENT APPEAL S HAVE BEEN FILED BY THE REVENUE AGAINST THE ORDER S OF THE LD. CIT(A) - XXX , NEW DELHI DATED 14.07.2004 AND 19.07.2004 . 2. ACCORDING TO CIRCULAR NO. 17/2019 DATED 08/08/2019, THE CBDT IN SUPERSESSION OF EARLIER INSTRUCTIONS HAS DIRECTED THAT DEPARTMENT S AP PEALS BEFORE ITAT SHALL NOT BE FILED IN CASES WHERE THE TAX EFFECT DOES NOT EXCEED THE MONETARY LIMIT OF RS. ITA NO S. 4544 & 4545/DEL/2004 SUSUMU YAMAMOTO & YOJI ISHIKAWA 2 50 LACS. THE TAX WILL NOT INCLUDE ANY INTEREST THEREON. IT I S FURTHER CLARIFIED THAT EVEN IF IN THE CASE OF AN ASSESSEE, DISPUTED ISSUES ARISE IN MORE THAN ONE ASSESSMENT YEAR, APPEAL CANNOT BE FILED IN RESPECT OF SUCH ASSESSMENT YEAR OR YEARS IN WHICH THE TAX EFFECT IN RESPECT OF DISPUTED ISSUES EXCEEDS THE MONETARY LIMIT SO SPECIFIED. 3. ADMITTEDLY, IN THE DEPARTMENTAL APPEAL S , THE TAX EFFECT IS LESS THAN RS. 50 LACS, THEREFORE, DEPARTMENTAL APPEAL S ARE NOT MAINTAINABLE. THE LD. DR COULD NOT BRING TO OUR NOTICE ANY EXCEPTIONS MENTIONED IN THE SAID CIRCULAR. 4 . IN THE RESULT, THE APPEAL S OF THE REVENUE ARE DISMISSED . (ORDER PRO N OUNC ED IN THE OPEN COURT ON 11 /0 9 /2019). SD/ - SD/ - ( K. N. CHARY ) ( DR. B. R. R. KUMAR ) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 11 /0 9 /2019 *SUBODH* COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(APPEALS) 5 . DR: ITAT ASSISTANT REGISTRAR