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

ITA 4862/DEL/2016

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 9285 (ITAT-DEHRADUN)
• Duration Of Justice: 4 year(s) 5 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-03-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2010-2011
• Appeal Filed On: 12-09-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: N C UPPADHAY
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DEHRADUN CIRCUIT BENCH: DEHRADUN BEFORE, SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER ITA NO.4862/DEL/2016 (ASSESSMENT YEAR: 2010-11) DY. CIT, CENTRAL CIRCLE-II, DEHRADUN. VS. M/S GANGA REALTORS (PVT.) LTD. C-7, RACE COURSE, DEHRADUN. PAN AACCG 5518L (APPELLANT) (RESPONDENT) APPELLANT BY SH. N.C. UPPADHAY, SR. DR RESPONDENT BY NONE DATE OF HEARING 05.03.2021 DATE OF PRONOUNCEMENT 05.03.2021 ORDER PER SUDHANSHU SRIVASTAVA, JM: THIS APPEAL IS PREFERRED BY THE REVENUE AGAINST O RDER DATED 31.03.2016 PASSED BY THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-2, AGRA (CAMP AT DEHRADUN) {CIT(A)} FOR ASSESSMENT YEAR 2010-11. 2 ITA NO.4862/DEL/2016 DCIT VS. M/S GANGA REALTORS (P) LTD. 2.0 WHEN THE CASE WAS CALLED OUT FOR HEARING, AN A PPLICATION FOR ADJOURNMENT WAS PLACED BEFORE US SEEKING ADJOURN MENT OF THE HEARING TO SOME LATER DATE. HOWEVER, AFTER GOING TH ROUGH THE CASE FILE, WE ARE OF THE OPINION THAT GIVEN THE FACTS OF THE CASE, THE BENCH CAN PROCEED EX-PARTE QUA THE ASSESSEE WITH THE HEARI NG OF THIS CASE. ACCORDINGLY, WE REJECT THE APPLICATION FOR ADJOURNM ENT. 3.0 THE LD. SR. DEPARTMENTAL REPRESENTATIVE (DR) F AIRLY SUBMITTED THAT THE MONITORY VALUE INVOLVED IN THIS APPEAL WAS MUCH LESS THAN THE MONITORY LIMIT PRESCRIBED FOR PREFERR ING APPEALS BEFORE THE INCOME TAX APPELLATE TRIBUNAL. THE LD. SR. DR F AIRLY ACCEPTED THAT THIS APPEAL WAS NOT MAINTAINABLE IN VIEW OF THE CBDT VIDE CIRCULAR NO.17/2019 DATED 08.08.2019 HAS REVISED TH E MONETARY LIMIT FOR FILING THE APPEALS BEFORE THE TRIBUNAL TO RS.50 LACS. FURTHER, CBDT VIDE LETTER DATED 20.08.2019 HAS ALSO CLARIFIED THAT CIRCULAR NO.17/2019 WOULD BE APPLICABLE TO ALL PEND ING APPEALS. IN SUCH CIRCUMSTANCES, THE PRESENT APPEAL FILED BY THE REVENUE IN CASE OF LOW TAX EFFECT IS NOT MAINTAINABLE. 4.0 BEFORE PARTING, WE CLARIFY HERE THAT THE REVENUE SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR RE-INSTITUT ION OF APPEAL, IF THE 3 ITA NO.4862/DEL/2016 DCIT VS. M/S GANGA REALTORS (P) LTD. REQUISITE MATERIAL IS BROUGHT TO SHOW THAT THE APPEA L IS PROTECTED BY THE EXCEPTIONS PRESCRIBED IN PARA-10 OF THE CIRCULA R DATED 11.07.2018. 5.0 IN CONCLUSION, BY APPLYING THE CBDT CIR CULAR DATED 08.08.2019 AND LETTER DATED 20.08.2019 (SUPRA), THE CAPTIONED APPEAL OF THE REVENUE IS DISMISSED AS WITHDRAWN/NOT P RESSED. 6.0 IN THE FINAL RESULT, THE APPEAL OF THE R EVENUE STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 05/03/ 2021. SD/- SD/- (PRASHANT MAHARISHI) (SUDHANSHU SRIVASTAVA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 05/03/2021 PK/PS COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI (DEHRADUN CIRCUIT BENCH, DEHRADUN)