ITO (E), Ward-1(4), New Delhi V. Jai Narayan Bajarang Lal Todi Trust , New Delhi

ITA 4807/DEL/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 4390 (ITAT-DELHI)
• Duration Of Justice: 7 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-02-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 05-07-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S L ANURAGI
• Assessee Lawyers: PIYUSH AGRAWAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES SMC : DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER ITA.NO.4807/DEL./2018 ASSESSMENT YEAR 2010-2011 THE ITO (E), WARD-1(4), ROOM NO.2421, PRATYAKSH KAR BHAWAN, 24 TH FLOOR, E-2, BLOCK, DR. S.P. MUKHERJEE CIVIC CENTRE, NEW DELHI 110 002. PAN AAATJ7620F VS. M/S. JAI NARAYAN BAJRANG LAL TODI TRUST, D-116, PHASE-1, OKHLA INDUSTRIAL AREA, NEW DELHI 110 020. PAN AAATJ7620F (APPELLANT) (RESPONDENT) FOR REVENUE : SHRI S.L. ANURAGI, SR. D.R. FOR ASSESSEE : SHRI PRATEEK GUPTA & SHRI PIYUSH AGRAWAL, C.AS. DATE OF HEARING : 11.02.2019 DATE OF PRONOUNCEMENT : 11.02.2019 ORDER THIS APPEAL BY THE REVENUE HAS BEEN DIRECTED AGAINST THE ORDER OF THE LD. CIT(A)-36, NEW DELHI, DATED 27.04.2018 FOR THE A.Y. 2010-2011. 2. IN THIS CASE, THE A.O. MADE THE ADDITION OF RS.30,99,000/- AND RS.1,90,200/-. THE LD. CIT(A) ALLOWED THE APPEAL OF ASSESSEE. 2 ITA.NO.4807/DEL./2018 SHRI JAI NARAYAN BAJARANG LAL TODI TRUST, NEW DELHI. 3. ADMITTEDLY, THE TAX EFFECT IN THE PRESENT APPEAL IS LESS THAN RS.20 LAKHS. VIDE CIRCULAR NO.3/2018DATED 11 TH JULY, 2018 ISSUED BY CBDT, IT HAS BEEN DIRECTED THAT THE DEPARTMENT SHALL NOT FILE APPEAL BEFORE THE TRIBUNAL IN CASE WHERE THE TAX EFFECT DOES NOT EXCEED THE MONETARY LIMIT OF RS.20 LAKHS. IT IS ALSO DIRECTED THAT THIS INSTRUCTION WILL APPLY RETROSPECTIVELY TO PENDING APPEALS AND APPEALS TO BE FILED HENCEFORTH IN TRIBUNALS. PENDING APPEALS BELOW THE SPECIFIED TAX LIMIT MAY BE WITHDRAWN/NOT PRESSED. THE LD. D.R. IN VIEW OF THE BOARDS CIRCULAR ABOVE DID NOT PRESS THE DEPARTMENTAL APPEAL. THE CASE OF THE DEPARTMENT WOULD NOT FALL IN THE EXCEPTIONS PROVIDED IN THE ABOVE BOARD CIRCULAR. IN THE RESULT, THE DEPARTMENTAL APPEAL IS NOT MAINTAINABLE AS THE APPEAL IS FILED AGAINST THE BOARD INSTRUCTIONS REFERRED TO ABOVE AND THEREFORE, THE APPEAL OF THE DEPARTMENT IS LIABLE TO BE DISMISSED. 4. IN THE RESULT, APPEAL OF THE DEPARTMENT IS DISMISSED. 3 ITA.NO.4807/DEL./2018 SHRI JAI NARAYAN BAJARANG LAL TODI TRUST, NEW DELHI. ORDER PRONOUNCED IN THE OPEN COURT. SD/- (BHAVNESH SAINI) JUDICIAL MEMBER DELHI, DATED 11 TH FEBRUARY, 2019 VBP/- COPY TO 1. THE APPELLANT 2. THE RESPONDENT 3. CIT(A) CONCERNED 4. CIT CONCERNED 5. D.R. ITAT SMC BENCH, DELHI 6. GUARD FILE. // BY ORDER // ASSISTANT REGISTRAR : ITAT DELHI BENCHES : DELHI