ACIT, New Delhi V. M/s. Becon Construction Pvt. Ltd., New Delhi

ITA 4665/DEL/2016

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 3365 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 11 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-08-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2011-2012
• Appeal Filed On: 01-09-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: S S RANA DR SHASHWAT BAJPAI A
• Keywords: Tax effect

Judgement Text

INCOME TAX APPELLATE TRIBUNAL DELHI BENCH G : NEW DELHI BEFORE SHRI AMIT SHUKLA , JUDICIAL MEMBER AND DR. B.R.R. KUMAR , ACCOUNTANT MEMBER I TA NO . 4665 / DEL/ 2016 A SSTT. Y EAR : 2011 - 12 AND CO NO. 350 / DEL/2016 ASSTT. Y EAR : 2011 - 12 O R D E R PER BENCH : THE PRESENT APPEAL HAS BEEN FILED BY THE REVENUE AGAINST THE ORDER OF THE LD. CIT(A) - 24 , NEW DELHI DATED 28.06 .2016. 2. ACCORDING TO CIRCULAR NO. 17/2019 DATED 08/08/2019, THE CBDT IN SUPERSESSION OF EARLIER INSTRUCTIONS HAS DIRECTED THAT DEPARTMENT S APPEALS BEFORE ITAT SHALL NOT BE FILED IN CASES ACIT CENTRAL CIRCLE - 8, ROOM NO. 333, ARA CENTRE, JHANDEWALAN EXTN. NEW DELHI. VS. M/S.BECON CONSTRUCTION PVT.LTD. B - 2/5, PLOT NO. 2, ASHOK NAGAR, DB GUPTA ROAD, NEAR FAIZ CHOWK, KAROL BAGH NEW DELHI 110 005 PAN AACCB9387Q (APPELLANT) (RESPONDENT ) ACIT CENTRAL CIRCLE - 8, ROOM NO. 333, ARA CENTRE, JHANDEWALAN EXTN. NEW DELHI. VS. M/S.BECON CONSTRUCTION PVT.LTD. B - 2/5, PLOT NO. 2, ASHOK NAGAR, DB GUPTA ROAD, NEAR FAIZ CHOWK, KAROL BAGH NEW DELHI 110 005 PAN AACCB9387Q (APPELLANT) (RESPONDENT ) D EPARTMENT BY: SHRI S.S. RANA, CIT(DR) ASSESSEE BY : DR. SHASHWAT BAJPAI ADV. DATE OF HEARING 27 /08 /201 9 DATE OF PRONOUNCEMENT 28 / 08 /2019 2 WHERE THE TAX EFFECT DOES NOT EXCEED TH E MONETARY LIMIT OF RS. 50 LACS. THE TAX WILL NOT INCLUDE ANY INTEREST THEREON. IT IS 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 ASSESSMEN T 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, THE TAX EFFECT IS LESS THAN RS. 50 LACS, THEREFORE, DEPARTMENTAL APPEAL IS NOT MAINTAINABLE. THE L D. DR COULD NOT BRING TO OUR NOTICE ANY EXCEPTIONS MENTIONED IN THE SAID CIRCULAR. 4. AS REGARDS TO THE CROSS OBJECTION FILED BY THE ASSESSEE IS CONCERNED, SINCE WE HAVE ALREADY DISMISSED THE APPEAL OF THE REVENUE AS AFORESAID ON ACCOUNT OF LOW TAX EFFECT . THEREFORE, THE CROSS OBJECTIONS FILED BY THE ASSESSEE HAS BECOME INFRUCTUOUS AND DISMISSED. 5 . IN THE RESULT, THE APPEAL OF THE REVENUE AND CO OF THE ASSESSEE IS DISMISSED. (ORDER PRONOUNCED IN THE OPEN COURT ON 28/08/2019). SD/ - SD/ - ( AMI T SHUKLA ) ( DR. B.R.R. KUMAR ) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED:28 / 08 /2019 COPY FORWARDED TO 1 . APPLICANT 2 . RESPONDENT 3 . CIT 4 . CIT (A) 5 . D R:ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI