ACIT, New Delhi V. M/s. Beena Properties Pvt. Ltd., New Delhi

ITA 4658/DEL/2014

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 6727 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 2 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-11-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC 3
• Next Hearing Date: 29-09-2016
• Assessment Year: 2006-2007
• Appeal Filed On: 22-08-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SAURABH GOEL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: SMC-3 NEW DELHI BEFORE SMT DIVA SINGH, JUDICIAL MEMBER I.T.A .NO.-4658/DEL/2014 (ASSESSMENT YEAR-2006-07) ACIT, CENTRAL CIRCLE-13, NEW DELHI. ( APPELLANT) VS BEENA PROPERTIES PVT.LTD., 59/17, GROUND FLOOR, BAHUBALI APARTMENT, NEW ROHTAK ROAD, KAROL BAGH,NEW DELHI. PAN-AACCB7982M (RESPONDENT) ASSESSEE BY SH.ANIL SHARMA, SR.DR REVENUE BY SH.SAURABH GOEL, CA DATE OF HEARING 29 .09.2016 DATE OF PRONOUNCEMENT 07 .11.2016 ORDER THE PRESENT APPEAL HAS BEEN FILED BY THE REVENUE AS SAILING THE CORRECTNESS OF THE ORDER DATED 09.06.2014 OF THE CIT(A)-1, NEW DELHI P ERTAINING TO 2006-07 AY ON VARIOUS GROUNDS. 2. THE LD.AR INVITING ATTENTION TO THE ASSESSMENT O RDER SUBMITTED THAT THE SOLE ADDITION MADE BY THE AO PERTAINS TO AN ADDITION OF RS.30 LAK HS WHICH ISSUE WAS DECIDED IN FAVOUR OF THE ASSESSEE BY THE CIT(A). IN VIEW THEREOF THE CH ALLENGE IN THE PRESENT PROCEEDINGS IS NOT MAINTAINABLE AS THE REVENUES APPEAL IS FILED IN CO NTRAVENTION OF THE CBDT CIRCULAR NO.21/2015 DATED 10 TH DECEMBER, 2015. LD.SR.DR ON PERUSING THE RECORD AGREED THAT THE TAX EFFECT IN THE PRESENT APPEAL IS WELL BELOW RS.1 0 LAKH. I HAVE CONSIDERED THE MATERIAL AVAILABLE ON RECORD. I FIND THAT THE APPEAL HAS BEE N PREFERRED BY THE REVENUE IN VIOLATION OF CBDT. BY THE AFORESAID CIRCULAR THE PECUNIARY LIMI T FOR FILING THE APPEAL BEFORE THE ITAT HAS BEEN PRESCRIBED BEYOND RS.10 LAKH. PARA 3 OF THE A FORESAID CIRCULAR HAS BEEN MADE APPLICABLE VIDE PARA 10 RETROSPECTIVELY. CONSIDERI NG THE SETTLED LEGAL PRECEDENT THAT THE BOARDS INSTRUCTIONS OR DIRECTIONS ISSUED TO THE IN COME TAX AUTHORITIES U/S 268A OF THE INCOME TAX ACT, 1961 ARE BINDING ON THE AUTHORITIES , I HOLD THAT THE APPEAL IS NON- MAINTAINABLE. 3. IN VIEW OF THE ABOVE DISCUSSION, THE PRESENT APP EAL PREFERRED BY THE REVENUE IN VIOLATION OF CBDT CIRCULAR NO.21/2015 (CITED SUPRA) IS NOT MAINTAINABLE AND HENCE, THE SAME IS DISMISSED AS SUCH MAKING IT CLEAR THAT SINC E THE PRESENT APPEAL HAS NOT BEEN DISPOSED OF ON MERITS, BUT DUE TO THE ABOVE REASON, THIS ORDER WILL NOT HAVE ANY JUDICIAL PRECEDENCE. ACCORDINGLY, THE APPEAL OF THE REVENUE IS DISMISSED AS NON-MAINTAINABLE. I.T .A .NO.-4658/DEL/2014 PAGE 2 OF 2 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 07 TH OF NOVEMBER, 2016. SD/- (DIVA SINGH) JUDICIAL MEMBER *AMIT KUMAR* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI