DCIT, New Delhi V. Sh. Sudhir Mullick, New Delhi

ITA 4781/DEL/2015

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 6705 (ITAT-DELHI)
• Duration Of Justice: 7 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-03-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Next Hearing Date: 29-02-2016
• Assessment Year: 2010-2011
• Appeal Filed On: 21-07-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANUJ ARORA
• Keywords: Competent authority; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : E : NEW DELHI BEFORE SHRI CHANDRA MOHAN GARG, JUDICIAL MEMBER , AND SHRI O.P. KANT , ACCOUNTANT MEMBER, ITA NO. 4781 /DEL /20 1 5 ASSESSMENT YEAR : 20 10 - 11 THE DY .C.I.T VS. SHRI SUDHIR MULLICK CIR CLE 2(2)(1) B - 1/3227, JANAKPURI NEW DELHI NEW DELHI PAN : A AVPM 3162 C [APPELLANT] [RESPONDENT] DATE OF HEARING : 29 . 0 2 . 201 6 DATE OF PRONOUNCEMENT : 04 . 0 3 .201 6 ASSESSEE BY : NONE DEPARTMENT BY : SHRI ANUJ ARORA, CIT - DR ORDER PER CHANDRA MOHAN GARG, JUDICIAL MEMBER THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE CIT(A ) - 43 , NEW DELHI , DATED 15 / 0 5 /2 01 5 FOR A.Y 20 10 - 11 . 2. THIS APPEAL HAS BEEN FIXED FOR HEARING IN VIEW OF THE RECENT CBDT INSTRUCTION NO. 21/2015 DATED 10.12.2015, REVISING THE MONETARY LIMIT OF RS.10.00 LA KHS FOR NOT FILING THE APPEAL BEFORE 2 ITA NO. 4781 /DEL/20 1 5 2 THE TRIBUNAL IN TERMS OF SECTION 268A(1) OF THE INCOME - TAX ACT. 3. THE CBDT IN ITS RECENT CIRCULAR NO. 21/2015 DATED 10.12.2015 HAS PROVIDED THAT NO DEPARTMENTAL AP PEAL SHALL BE FILED BEFORE THE I TAT WHEREIN THE TAX EFFECT INVOLVED IS LESS THAN RS.10 LAKHS. FURTHER, IN PARA 10 OF THE CIRCULAR, IT IS PROVIDED THAT THIS INS TRUCTION WOULD APPLY RETROSPECTIVELY AND THE PENDING APPEALS BELOW THE SPECIFIED TAX LIMIT OF RS.10 LAKH S MAY BE WITHDRAWN/NOT PRESSED. 4. THE LEARNED CIT - DR APPEARING ON BEHALF OF THE REVENUE BEFORE US, AT THE OUTSET, SUBMITTED THAT APPEAL CAN BE WITHDRAW N ONLY AFTER GETTING THE APPROVAL OF COMPETENT AUTHORITY. HE FUR THER REFERRED TO PARA 7 OF THE C IRCULAR TO SUBMIT THAT DISMISSAL OF APPEAL, HOWEVER, IN ANY CASE, ON ACCOUNT OF LOW TAX EFFECT SHOULD NOT BE CONSIDERED AS A PRECEDENCE IN THE MATTERS OF SUBSEQ UENT YEARS WHERE THE TAX EFFECT IS ABOVE THE MONETARY LIMIT PRESCRIBED BY THIS CIRCULAR AND THE ISSUE SHOULD BE DECIDED ON MERITS. 5. NONE APPEARED ON BEHALF OF THE ASSESSEE. HOWEVER, THE APPEAL WAS HEARD EX PARTE AS THE CBDT CIRCULAR IS BENEFICIAL TO THE M. 3 ITA NO. 4781 /DEL/20 1 5 3 6. AFTER CONSIDERING THE SUBMISSIONS OF THE LD. DR , WE FIND THAT PRIMA FACIE, THE TAX EFFECT INVOLVED IN TH IS APPEAL BY THE REVENUE IS BELOW RS. 10.00 LA KHS AND, THEREFORE, WE DEEM IT PROPER TO DISMISS THE APPEAL PARTICULARLY BECAUSE THE PENDING APPEAL IS COVERED BY C IRCULAR IN VIEW OF PARA 10 OF THE CIRCULAR. HOWEVER, WE MAY CLARIFY THAT IF ON RECEIPT OF THIS ORDER, THE ASSESSING OFFICER FINDS THAT THE TAX EFFECT IS ABOVE RS.10 LA KHS OR IN ANY OTHER MANNER, THE C IRCULAR IS NOT APPLICABLE IN VIEW OF EXCE PTIONS CULLED OUT IN THE C IRCULAR, HE WILL BE AT LIBERTY TO FILE MISCELLANEOUS APPLICATION FOR RECALLING OF THIS ORDER WHICH THE TRIBUNAL WILL CONSIDER IN ACCORDANCE WITH LAW. WE FURTHER FIND CONSIDERABLE FORCE IN THE CONTENTION OF THE CIT/DR THAT THIS ORD ER CANNOT BE CONSIDERED AS AN ACCEPTANCE BY THE REVENUE ON THE ISSUE INVOLVED IN TH I S APPEAL AND WILL NOT BE AN ESTOPPEL FOR THE REVENUE TO TAKE UP THE ISSUE, INVOLVED IN TH IS APPEAL, BEFORE ITAT ON MERITS IF THE TAX EFFECT IN THO SE YEARS IS MORE THAN RS.1 0 LAKHS . 7. KEEPING IN VIEW THE ABOVE CIRCULAR AND THE PROVISIONS OF SECTION 268A OF THE INCOME - TAX ACT, 1961 AND WITHOUT GOING INTO MERITS OF THE CASE, WE DISMISS THE INSTANT APPEAL FILED BY THE REVENUE AS TAX EFFECT IN THE APPEAL IS LESS THAN RS.10 LA KHS . 4 ITA NO. 4781 /DEL/20 1 5 4 8 . IN THE RESULT, THE APPEAL OF THE REVENUE STANDS DISMISSED. THE ORDER IS PR ONO UNCED IN THE OPEN COURT ON 0 4 . 0 3 .201 6 . S D / - S D / - ( O.P. KANT ) (C.M. GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 0 4 T H MARCH , 2016 VL/ COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(A) 5 . DR ASST. REGISTRAR, ITAT, NEW DELHI