ITO, New Delhi V. Sh. Ankit Mittal, Panipat

ITA 4739/DEL/2015

• Counselvise Citation: [2018] 118 COUNSELVISE.COM (IT) 9751 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 4 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-12-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2010-2011
• Appeal Filed On: 17-07-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NAINA SOIN KAPIL
• Assessee Lawyers: PRANSHU SINGHAL MS MANSI JAIN
• Keywords: Tax effect

Judgement Text

1 ITA NO. 4739/DEL/2015 IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI D BENCH, NEW DELHI BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER, AND SHRI KULDIP SINGH, JUDICIAL MEMBER ITA NO. 4739/DEL/2015 [ASSESSMENT YEAR: 2010 - 11] ITO VS. ANKIT MITTAL WARD - 34(3), ROOM NO. 808, B - 266, LOHIYA BUILDING, 8 TH FLOR, E - 2 BLOCK, CIVIC CENTRE SAMALKHA, J. L. NEHRU MARG PANIPAT NEW DELHI PAN : AHDPM3417B DATE OF HEARING : 06.12.2018 DATE OF PRONOUNCEMENT : 0 6 .12.2018 ASSESSEE BY : SH RI PRANSHU SINGHAL, MS. MANSI JAIN, CA REVENUE BY : SMT. NAINA SOIN KAPIL, SR. DR ORDER PER N.K. BILLAIYA, AM: - THIS APPEAL BY THE REVENUE AND IS PREFERRED AGAINST THE ORDER OF THE COMMISSIONE R OF INCOME TAX [APPEALS] XII NEW DELHI DATED 17/3/2015 PERTAINING TO ASSESSMENT YEAR 2010 - 11. 2 ITA NO. 4739/DEL/2015 2. THE SOLE GRIEVANCE OF THE REVENUE IS THAT THE CIT(A) ERRED IN DELETING THE ADDITION AMOUNTING TO RS. 39.60 LAKHS. 3. THE GRIEVANCE OF THE R E V E N U E ITSELF SHOWS THAT THE TAX EFFECT IS LESS THAN RS. 20 LAKHS. THIS APPEAL BY THE REVENUE HAS TO BE DISMISSED IN THE LIGHT OF THE CBDT CIRCULAR NO. 3/2018 DA TED 11.07.2018 BY WHICH THE BOARD HAS REVISED THE MONETARY LIMIT FOR FILING OF APPEALS BY THE DEPARTMENT BEFORE THE ITAT AND THE MONETARY LIMIT HAS BEEN FIXED AT RS. 20 LAKHS. THE BOARD AT CLAUSE 13 OF THE SAID CIRCULAR HAS CLARIFIED AS UNDER: THIS CIRCU LAR WILL APPLY TO SLPS/APPEALS/CROSS OBJECTIONS/REFERENCES TO BE FILED HENCEFORTH IN SUPREME COURT/HIGH COURT/TRIBUNAL AND IT SHALL ALSO APPLY RETROSPECTIVELY TO PENDING SLPS/APPEALS/CROSS OBJECTIONS/ REFERENCES. THE PENDING APPEALS BELOW THE SPECIFIED TA X LIMIT IN PARA 3 ABOVE MAY BE WITHDRAWN/NOT PRESSED. 4. IN THE LIGHT OF THE AFORESAID CBDT CIRCULAR, THE APPEAL FILED BY THE REVENUE IS DISMISSED. 3 ITA NO. 4739/DEL/2015 5. IN THE RESULT, THE APPEAL OF THE REVENUE STAND DISMISSED. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 0 6 .12.2018. SD/ - SD/ - [KULDIP SINGH] [N.K. BILLAIYA] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 0 6 T H DECEMBER, 2018 VL/ COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(A) 5. DR ASST. REGISTRAR, ITAT, NEW DELHI 4 ITA NO. 4739/DEL/2015 DATE OF DICTATION 06.12.2018 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.PS/PS DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.PS/PS DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT DATE ON WHICH THE FILE GOES TO THE BENCH CLERK DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER