ITO, New Delhi V. M/s Sai Phytoceuticals Pvt. Ltd., New Delhi

ITA 4757/DEL/2016

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 9684 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 3 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-01-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2006-2007
• Appeal Filed On: 07-09-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: GAJINDER SINGH
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH G, NEW DELHI , ! #$ . % , ' ( BEFORE MS. SUSHMA CHOWLA, JM & DR. B.R.R. KUMAR, AM ) / ITA NO.4757/DEL/2016 * * / ASSESSMENT YEAR 2006-07 THE ITO, WARD-22(2), NEW DELHI. .......... +, /APPELLANT VS M/S. SAI PHYTOCEUTICALS PVT.LTD., S-553, GREATER KAILASH-II, NEW DELHI-110032. PAN-AAHCS2113E . -.+, / RESPONDENT +,/0 / APPELLANT BY : SH. H.K.CHOUDHARY, CIT DR -.+,/0 / RESPONDENT BY : SH. GAJINDER SINGH /1' / DATE OF HEARING : 01.01.2020 23 / 1' / DATE OF PRONOUNCEMENT: 01.01.2020 4 / ORDER PER SUSHMA CHOWLA, JM THE APPEAL FILED BY REVENUE IS AGAI NST ORDER OF CIT(A)-8, NEW DELHI DATED 17.06.2016 RELATING TO ASSESSMENT Y EAR 2006-07. 2. HOWEVER, LD. DR FOR THE REVENUE POINTED OUT THAT THE PRESENT APPEAL IS TO BE WITHDRAWN AS THE TAX EFFECT INVOLVED IN TH E CASE IS BELOW RS.50 LACS. 2 ITA NO:4757/DEL/2016 ASSESSMENT YEAR: 2006-07 3. THE CBDT VIDE CIRCULAR NO.17/2019 DATED 08.08.20 19 HAS REVISED THE MONETARY LIMIT FOR FILING THE APPEALS BEFORE TH E TRIBUNAL TO RS.50 LACS. FURTHER, CBDT VIDE LETTER DATED 20.08.2019 HAS ALSO CLARIFIED THAT CIRCULAR NO.17/2019 WOULD BE APPLICABLE TO ALL PENDING APPEA LS. IN SUCH CIRCUMSTANCES, THE PRESENT APPEAL FILED BY THE REVE NUE IN CASE OF LOW TAX EFFECT IS NOT MAINTAINABLE. 4. BEFORE PARTING, WE CLARIFY HERE THAT THE REVENUE SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR RE-INSTITUTION OF APPEAL, IF THE REQUISITE MATERIAL IS BROUGHT TO SHOW THAT THE APPEAL IS PROTECTED BY THE EXCEPTIONS PRESCRIBED IN PARA 10 OF THE CIRCULAR DATED 11.07.2018. 5. IN CONCLUSION, BY APPLYING THE CBDT CIRCULAR DAT ED 08.08.2019 AND LETTER DATED 20.08.2019 (SUPRA), THE CAPTIONED APPE AL OF THE REVENUE IS DISMISSED AS WITHDRAWN/NOT PRESSED. 6. IN THE RESULT, THE APPEAL OF REVENUE IS DISMISSE D. ORDER PRONOUNCED IN THE OPEN COURT ON 0 1 ST JANUARY 2020. SD/- SD/- (B.R.R.KUMAR) (SUSH MA CHOWLA) ' /ACCOUNTANT MEMBER /JUDICIAL MEMBER / DATED : 01 ST JANUARY, 2020 . * AMIT KUMAR * 3 ITA NO:4757/DEL/2016 ASSESSMENT YEAR: 2006-07 4/-1567618 COPY OF THE ORDER IS FORWARDED TO : 1. +, / THE APPELLANT 2. -.+, / THE RESPONDENT 3. 91 : ; / THE CIT(A) 4. < 91 / THE PR. CIT 5. 6. 6=> -1 ? ? / DR, ITAT, DELHI >#*@8 GUARD FILE. 4 / BY ORDER , .61-1 // TRUE COPY // A B C , ? ASSISTANT REGISTRAR, ITAT, DELHI