ACIT, New Delhi V. Sh. Sanjay Gupta, New Delhi

ITA 4745/DEL/2015

• Counselvise Citation: [2018] 118 COUNSELVISE.COM (IT) 9752 (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
• Keywords: Tax effect

Judgement Text

1 ITA NO. 4745/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. 4745/DEL/2015 [ASSESSMENT YEAR: 2010 - 11 ] THE A.C.I. T VS. SANJAY GUPTA CIRCLE 36(1 ) , ROOM NO. 805, A - 145/1, WAZIRPUR INDUSTRIAL AREA E - 2, CIVIL CENTRE NEW DELHI NEW DELHI PAN : AAGPG7291P DATE OF HEARING : 06.12 .2018 DA TE OF PRONOUNCEMENT : 0 6 .12 .2018 ASSESSEE BY : SH. ASHU GOEL, 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 COMMISSIO NER OF INCOME TAX [APPEALS] XII, NEW DELHI DATED 31/03/2015 PERTAIN ING TO ASSESSMENT YEAR 2010 - 11. 2. THE SOLE GRIEVANCE OF THE REVENUE IS THAT THE CIT(A) ERRED IN DELETING THE ADDITION AMOUNTING TO RS. 39.60 LAKHS. 2 ITA NO. 4745/DEL/2015 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 DATED 11.07.2018 BY WHICH THE BOARD HAS REVISED THE MONETARY LI MIT 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 CIRCULAR 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 THE PENDING APPEALS BELOW THE SPECIFIED TAX LIMIT IN PARA 3 ABOVE MAY BE WITHDRAWN/NOT PRESSED. 4 .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. 4745/DEL/2015 5 . IN THE RESUL T, THE APPEAL OF THE REVENUE STAND DISMISSED. THE ORDER IS PRONO U NCED 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. 4745/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