DCIT, New Delhi V. Sh. Ganesh Arora, New Delhi

ITA 4774/DEL/2015

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 4003 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2008-2009
• Appeal Filed On: 21-07-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: RAVIKANT GUPTA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: E NEW DELHI BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT ME MBER & SHRI K.NARASIMHA CHARY, JUDICIAL MEMBER ITA NO.4774/DEL/2015 ASSESSMENT YEAR: 2008-09 DCIT, CENTRAL CIRCLE- 29, NEW DELHI. VS SHRI GANESH ARORA, 2/29, WHS, KIRTI NAGAR, NEW DELHI. PAN: AAFPA9283H ASSESSEE BY SH. RAVI KANT GUPTA, SR. DR REVENUE BY SH. ASHISH GOYAL ORDER PER K. NARASIMHA CHARY, J.M. CHALLENGING THE ORDER OF THE LEARNED COMMISSIONER O F INCOME-TAX (APPEALS)-30, NEW DELHI (FOR SHORT LD. CIT(A)) DAT ED 17.03.2015, REVENUE PREFERRED THIS APPEAL. 2. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE M ATERIAL ON RECORD. AS IS SEEN FROM THE RECORD, IT CAME TO OUR NOTICE THAT TH E TAX EFFECT INVOLVED IN THIS BEING LESS THAN RS.20 LACS, WHICH SQUARELY FALLS WIT HIN THE AMBIT OF CIRCULAR DATE OF HEARING 13.08.2018 DATE OF PRONOUNCEMENT 13.08.2018 2 NO.3/2018 DATED 11.07.2018 ISSUED BY THE CENTRAL BOA RD OF DIRECT TAXES PRESCRIBING THE TAX EFFECT FOR PREFERRING APPEALS B EFORE TRIBUNAL BY THE REVENUE. 3. AFTER PERUSING THE MATERIALS AVAILABLE ON RECOR D, WE FIND THAT THE AMOUNT DISPUTED BEFORE US IS BELOW THE TAX EFFECT LIMIT PR ESCRIBED BY CBDT VIDE CIRCULAR NO.3/2018 DATED 11.07.2018 FOR PREFERRING APPEALS B EFORE TRIBUNAL BY THE REVENUE. ON PERUSAL OF THE CIRCULAR NO.3/2018 DATE D 11.07.2018 AND THE MATERIALS AVAILABLE ON RECORD, LD. DR COULD NOT POI NT OUT AS TO HOW AND WHY SUCH A CIRCULAR IS NOT APPLICABLE TO THE FACTS OF THE CA SE. WE ALSO FIND THAT THE CIRCULAR MAKES IT VERY CLEAR THAT THE REVISED MONETARY LIMITS SHALL APPLY RETROSPECTIVELY TO PENDING APPEALS ALSO. WE FIND THAT THE CIRCULAR IS BINDING ON THE TAX AUTHORITIES. HENCE, WE HOLD THAT THE APPEAL OF THE REVENUE DESER VES TO BE DISMISSED IN TERMS OF LOW TAX EFFECT VIDE CIRCULAR NO.3/2018 DATED 11. 07.2018. ACCORDINGLY, THIS BEING A LOW TAX EFFECT CASE, WE DISMISS THIS APPEAL OF REVENUE IN LIMINE, AS UNADMITTED, WITHOUT GOING INTO THE MERITS OF THE CA SE. 4. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSE D. ORDER PRONOUNCED IN THE OPEN COURT ON 13 TH AUGUST, 2018 SD/- SD/- (N.K. BILLAIYA) (K. NARASIM HA CHARY) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 13 TH AUGUST, 2018 VJ 3 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI DRAFT DICTATED ON 13.08.2018 DRAFT PLACED BEFORE AUTHOR 13.08.2018 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER 13.08.2018 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. 13.08.2018 APPROVED DRAFT COMES TO THE SR.PS/PS 13.08.2018 KEPT FOR PRONOUNCEMENT ON 13.08.2018 DATE OF UPLOADING ORDER ON THE WEBSITE 14.08.2018 FILE SENT TO THE BENCH CLERK 14.08.2018 DATE ON WHICH FILE GOES TO THE AR DATE ON WHICH FILE GOES TO THE HEAD CLERK. DATE OF DISPATCH OF ORDER.