DCIT, New Delhi V. M/s. Sahara Net Corporation Ltd., Mumbai

ITA 4831/DEL/2014

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 6777 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 10 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-07-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: H
• Assessment Year: 2010-2011
• Appeal Filed On: 04-09-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI D BENCH, NEW DELHI BEFORE SHRI N.K. BILLAIYA , ACCOUNTANT MEMBER, AND S HRI KULDIP SINGH , JUDICIAL MEMBER ITA NO. 4831 /DEL/201 4 [A.Y 20 10 - 11 ] THE DY. C. I.T . VS. M/S SAHARA NET CORPORATION LTD CIRCLE 6 CTD - 40/44, S.V. ROAD, GOREGAON NEW DELHI WEST, MUMBAI PAN : AA GCS 1059 L [APPELLANT] [RESPONDENT] DATE OF HEARING : 1 2 . 0 7 .201 8 DATE OF PRONOUNCEMENT : 1 2 .0 7 .2018 ASSESSEE BY : SHRI DINESH VERMA , ADV SHRI MANDEEP SINGH, CA REVENUE BY : S HRI AMIT JAIN , SR. DR ORDER PER N.K. BILLAIYA , ACCOUNTANT MEMBER, THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 1 0 . 06 .201 4 OF COMMISSIONER OF INCOME TAX[APPEALS] - I , NEW DELHI PERTAINING TO ASSESSMENT YEAR 20 10 - 11 . 2. THE SOLITARY GRIEVANCE OF THE REVENUE IS THAT THE LD. CIT(A) ERRED IN DELETING THE ADDITION OF RS. 5 1 , 67 , 917 / - MADE BY THE AO ON ACCOUNT OF SUNDRY BALANCES WRITTEN OFF. 2 3. THIS APPEAL BY THE REVENUE HAS TO BE DISMISSED IN THE LIGHT OF THE CBDT CIRCULAR NO. 3 /201 8 DATE D 1 1 . 07 .201 8 BY WHICH THE BOARD HAS REVISED THE MONETARY LIMIT FOR FILING OF APPEALS BY THE DEPARTMENT BEFORE THE ITAT AND THE MONETARY LIMIT HAS BEEN FIXED AT RS. 20 LAKHS. THE BOARD AT CLAUSE 13 OF THE SAID CIRCULAR HAS CLARIFIED AS UNDER: THIS CIRCULAR WILL APPLY TO SLPS/APPEALS/CROSS OBJECTIONS/REFERENCES TO BE FILED HENCEFORTH IN SUPREME COURT/HIGH COURT/TRIBUNAL AND IT SHALL ALSO APPLY RETROSPECTIVELY TO PENDING SLPS/APPEALS/CROSS OBJECTIONS/REFERENCES. THE PENDING APPEALS BELOW THE SPECIFIE D TAX LIMIT IN PARA 3 ABOVE MAY BE WITHDRAWN/NOT PRESSED. 4. IN THE LIGHT OF THE AFORESAID CBDT CIRCULAR, THE APPEAL FILED BY THE REVENUE IS DISMISSED. 5 . IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED. THE ORDER IS PRON OUNCED IN THE OPEN COURT ON 1 2 .0 7 .2018. SD/ - SD/ - [ KULDIP SINGH] [ N.K. BILLAIYA ] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 1 2 T H JU LY , 2018 VL/ 3 COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(A) 5 . DR ASST. REGISTRAR, ITAT, NEW DELHI DATE OF DICTATION DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.PS/PS DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.PS/PS DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT DATE ON WHICH THE FILE GOES TO THE BENCH CLERK DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER