ACIT, New Delhi V. Satish Chopra, New Delhi

ITA 464/DEL/2017

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 2175 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 5 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-06-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2007-2008
• Appeal Filed On: 27-01-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PRAKASH DUBEY
• Assessee Lawyers: SAURAV
• Keywords: Retrospective amendment; Tax effect

Judgement Text

ITA. NO.464/DEL/2017 IN THE INCOME TAX APPELLATE TRIBUNAL [ DELHI BENCH: G NEW DELHI ] BEFORE MS. SUCHITRA KAMBLE, JUDICIAL MEMBER A N D SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER I.T.A. NO. 464/DEL/2017 (A.Y. 2007-08) (THROUGH VIDEO CONFERENCING) ACIT, CIRCLE : 50 (1), NEW DELHI. (APPELLANT) VS. SHRI SATISH CHOPRA, 12, FOREST LANE, GHITORNI, M. G. ROAD, DELHI 110 030. PAN : AADPC4601Q ( RESPONDENT) ASSESSEE BY : MR. SAURAV, C. A.; DEPARTMENT BY : SHRI PRAKASH DUBEY, SR. D.R.; O R D E R PER PRASHANT MAHARISHI, AM : THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE ORDER DATED 04.11.2016 OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS)17, NEW DELHI, FOR ASSESSMENT YEAR 2007-08. 2. AT THE TIME OF HEARING, THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT TAX EFFECT INVOLVED IN THIS APPEAL IS BELOW THE PRESCRIBED LIMIT OF RS.50 DATE OF HEARING 29.06.2021 DATE OF PRONOUNCEMENT 29.06.2021 ITA. NO.464/DEL/2017 LAKHS, AS FIXED BY THE CBDT AND REQUESTED TO DISMISS THE REVENUES APPEAL ON ACCOUNT OF LOW TAX EFFECT. 3. PERUSAL OF THE AFORESAID APPEAL FILED BY THE REVENUE APPARENTLY SHOW THAT THE SAME IS HAVING LOW TAX EFFECT AS PER CBDT CIRCULAR NO.17/2019 DATED 8 TH AUGUST, 2019 VIDE WHICH THE REVENUE HAS BEEN DIRECTED NOT TO PREFER ANY APPEAL IN CASE THE TAX EFFECT IS LESS THAN RS.50,00,000/- AND THIS FACTUAL POSITION HAS BEEN FAIRLY CONCEDED BY THE LEARNED [CIT] DEPARTMENTAL REPRESENTATIVE. 4. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE MATERIAL ON RECORD. PERUSAL OF CBDT CIRCULAR (SUPRA) SHOWS THAT MONETARY LIMIT FOR FILING THE APPEAL BY THE DEPARTMENT BEFORE THE TRIBUNAL, HON'BLE HIGH COURT AND HON'BLE SUPREME COURT HAS BEEN REVISED. IN VIEW OF THE CBDT CIRCULAR NO.17/2019 DATED 8 TH AUGUST, 2019 HAVING RETROSPECTIVE EFFECT AS COORDINATE BENCH OF THE TRIBUNAL IN CASE OF DINESH MADHAVLAL PATEL [TS-469-ITAT-2019(AHD)] 2019- TIOL-1556-ITAT-AHM DATED 14 TH AUGUST, 2019 HAS ALREADY DECIDED THE ISSUE AS TO THE APPLICABILITY OF THE CAPTIONED CIRCULAR TO THE PENDING APPEALS IN AFFIRMATIVE AND WHAT HAS BEEN DISCUSSED ABOVE, WE ARE OF THE CONSIDERED VIEW THAT THE AFORESAID APPEAL IS NOT MAINTAINABLE BECAUSE OF LOW TAX EFFECT I.E. LESS THAN RS.50,00,000/- HENCE, THE AFORESAID APPEAL FILED BY THE REVENUE IS HEREBY DISMISSED HAVING BEEN BECOME INFRUCTUOUS. HOWEVER, IN CASE, THE PRESENT APPEAL IS FOUND TO BE MAINTAINABLE AT ANY STAGE FOR ANY TECHNICAL REASONS, THE DEPARTMENT SHALL BE AT LIBERTY TO SEEK RECALL OF THIS ORDER UNDER RELEVANT PROVISIONS OF LAW. 5. IN THE RESULT, THE APPEAL FILED BY THE REVENUE, IS DISMISSED BEING INFRUCTUOUS. ITA. NO.464/DEL/2017 -: 3 :- ORDER PRONOUNCED IN THE OPEN COURT ON : 29/06/2021 SD/- SD/- (SUCHITRA KAMBLE) (PRASHANT MAHARISHI) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 29/06/2021. *MEHTA* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI DATE OF DICTATION 29 .0 6 .2021 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 29.06.2021 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER 29.06.2021 DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. PS/PS 29.06.2021 DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT 29.06.2021 DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/PS 29.06.2021 DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT 29.06.2021 DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 29.06.2021 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK