DCIT, Dehradun V. M/s. Ganga Realtors (P) Ltd., Dehradun

ITA 4861/DEL/2016

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 7369 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 4 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-01-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2008-2009
• Appeal Filed On: 12-09-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SULEKHA VERMA
• Keywords: Tax effect

Judgement Text

ITA NO.- 4861/DEL/2016. M/S GANGA REALTORS (P) LTD. PAGE 1 OF 4 IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH: F: NEW DELHI) BEFORE SHRI K.N. CHARY, JUDICIAL MEMBER AND SHRI ANADEE NATH MISSHRA, ACCOUNTANT MEMBER ITA NO:- 4861/DEL/2016 ( ASSESSMENT YEAR: 2008-09) DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, DEHRADUN. VS. M/S GANGA REALTORS (P) LTD., C-7, RACE COURSE, DEHRADUN. PAN NO: AACCG5518L APPELLANT RESPONDENT REVENUE BY : SMT. SULEKHA VERMA, CIT(DR) ASSESSEE BY : NONE ORDER PER ANADEE NATH MISSHRA, AM THIS APPEAL BY REVENUE IS FILED AGAINST THE ORDER O F THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-2, AAYAKAR BHAWAN, SANJAY PLAC E, M.G. RAOD, AGRA, [LD. CIT(A), FOR SHORT], DATED 31.03.2016, FOR ASSESSME NT YEAR 2008-09. (2) ADMITTEDLY, THE TAX EFFECT IN THE DEPARTMENTAL APP EAL IS LESS THAN RS.20 LAKHS. VIDE CIRCULAR NO. 3 OF 2018 DATED 11.07.2018 ISSUED BY CENTRAL BOARD OF DIRECT TAXES (CBDT, FOR SHORT) UNDER SECTION 268A OF THE INCOM E TAX ACT, 1961 (I.T. ACT, FOR ITA NO.- 4861/DEL/2016. M/S GANGA REALTORS (P) LTD. PAGE 2 OF 4 SHORT) IT HAS BEEN DIRECTED THAT DEPARTMENT SHALL N OT FILE APPEAL BEFORE THE TRIBUNAL IN CASE WHERE THE TAX EFFECT DOES NOT EXCEED THE MONET ARY LIMIT OF RS.20 LAKHS. IT IS ALSO DIRECTED THAT THIS INSTRUCTION WILL APPLY RETROSPEC TIVELY TO THE PENDING APPEALS AND APPEALS TO BE FILED HENCEFORTH IN THE TRIBUNAL. IT IS ALSO DIRECTED IN THIS CIRCULAR, THAT PENDING APPEALS BELOW THE SPECIFIED TAX EFFECT MAY BE WITHDRAWN/NOT PRESSED. LEARNED CIT(DR), WHO APPEARED ON BEHALF OF REVENUE, DID NOT PRESS THE APPEAL IN VIEW OF THE AFORESAID CIRCULAR OF CBDT. WE MAY ALSO NOTE THAT T HIS APPEAL OF REVENUE WOULD NOT FALL WITHIN THE EXCEPTIONS PROVIDED IN THE AFORESAID CIR CULAR. IN THE RESULT, THE DEPARTMENTAL APPEAL IS NOT MAINTAINABLE, IN VIEW OF AFORESAID CB DT CIRCULAR. THE APPEAL OF REVENUE IS DISMISSED AS WITHDRAWN/NOT PRESSED BY THE LEARNE D CIT(DR). WE CLARIFY THAT REVENUE WILL BE AT LIBERTY TO FILE A MISCELLANEOUS APPLICATION SEEKING RECALL OF THIS ORDER FOR RESTORATION OF THE APPEAL, IF IT IS FOUND THAT THE APPEAL OF REVENUE IS NOT COVERED BY AFORESAID CBDT CIRCULAR. (3) IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 15 TH DAY OF JANUARY, 2019 SD/- SD/- (K.N. CHARY) (ANADEE NATH MISSHRA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 15.01.2019 POOJA/- COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT ITA NO.- 4861/DEL/2016. M/S GANGA REALTORS (P) LTD. PAGE 3 OF 4 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI ITA NO.- 4861/DEL/2016. M/S GANGA REALTORS (P) LTD. PAGE 4 OF 4 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