DCIT, Hisar V. Parkash Industries Ltd., Hisar

ITA 4785/DEL/2009

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 6403 (ITAT-DELHI)
• Duration Of Justice: 6 year(s) 2 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-03-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 23-05-2016
• Assessment Year: 2003-2004
• Appeal Filed On: 18-12-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANKUR GARG

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH D NEW DELHI BEFORE : SHRI C.M. GARG , JUDICIAL MEMBER & SHRI L.P. SAHU, ACCOUNTANT MEMBER ITA NO S . 4785, 4786 & 4787/DEL./2009 ASSTT. YEAR S : 2003 - 04, 2004 - 05 & 2005 - 06 DY. COMMISSIONER OF INCOME - TAX, VS. PRAKASH INDUSTRIES, LTD., HISSAR. DELHI ROAD, HISSAR. [PAN : AABCP 6765H] C.O. NOS. 104, 102 & 103/DEL./2010 (IN ITA NO S . 4785, 4786 & 4787/DEL./2009) ASSTT. YEAR S : 2003 - 04, 2004 - 05 & 2005 - 06 PRAKASH INDUSTRIES, LTD., VS. DY. COMMISSIONER OF INCOME - TAX, DELHI ROAD, HISSAR. HISSAR. (APPELLANT) (RESPONDENT) REVENUE BY : SH. ANKUR GARG, CIT/ DR ASSESSEE BY : SH. AJAY WADHWA, ADVOCATE DATE OF HEARING : 16.03.2016 DATE OF PRONOUNCEMENT : 16 .03.2016 ORDER PER BENCH : IT IS APPARENT FROM RECORD THAT THE PRESENT APPEALS BY THE REVENUE AND CROSS OBJECTIONS BY THE ASSESSEE HAVE BEEN PREFERRED AGAINST THE ACTION OF THE LD. CIT(A) - ROHTAK COMMON ORDER DATED 07.10.2009 FOR THE ASSESSMENT YEARS 2003 - 04 TO 2005 - 06. UNDISPUTEDLY, THE PRESENT APPEAL S HA VE BEEN PREFERRED BY THE REVENUE IN VIOLATION OF CBDT CIRCULAR NO. 21/2015 DATED 10.12.2015, WHEREIN THE PECUNIARY LIMIT FOR PREFERRING THE APPEAL BY THE ITA NO S . 4785 TO 4787 /DEL./ 2009 & CO NOS. 102 TO 104/ DEL/201 0 2 REVENUE BE FORE THE ITAT HAS BEEN PRESCRIBED BEYOND RS.10 LACS. THE ABOVE CIRCULAR ON PECUNIARY LIMIT HAS NOW STATUTORY FORCE WITHIN THE PROVISIONS OF SECTION 268A OF THE IT ACT, HENCE, THE PRESENT APPEAL S ARE NOT MAINTAINABLE. THE LD. CIT/DR MR. ANKUR GARG REQUESTED THAT WHILE DISMISSING THE APPEAL S AS NOT MAINTAINABLE, IT MAY BE MADE CLEAR THAT THE PRESENT ORDER WILL HAVE NO PRECEDENTIAL VALUE. 2. IN VIEW OF THE ABOVE DISCUSSION, THE PRESENT APPEAL S PREFERRED BY THE REVENUE IN VIOLATION OF CBDT CIRCULAR NO. 21/2015 (SUPRA) ARE NOT MAINTAINABLE AND HENCE, THE SAME ARE DISMISSED AS SUCH MAKING IT CLEAR THAT SINCE THE PRESENT APPEAL S HAVE NOT BEEN DISPOSED OF ON MERITS OF THE APPEAL S , BUT DUE TO ABOVE REASON, IT WILL HAVE NO ANY JUDICIAL PRECEDENCE. THE CROSS OBJECTION S FILED BY THE ASSESSEE ARE ALSO LIABLE TO BE DISMISSED AS INFRUCTUOUS. 3. IN THE RESULT, THE APPEAL S OF THE REVENUE AND CROSS - OBJECTIONS OF THE ASSESSEE ARE DISMISSED AS INDICATED ABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON 16.03.2016 . SD/ - SD/ - ( C.M. GARG ) (L.P. SAHU) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 16.03.2016 *AKS/ - COPY OF ORDER FORWARDED TO: (1) THE APPELLANT (2) THE RESPONDENT (3) COMMISSIONER (4) CIT(A) (5) DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT. REGISTRAR INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES, NEW DELHI