DCIT, Dehradun V. M/s. M.L. Juyal & Co. (AOP), Dehradun

ITA 4864/DEL/2016

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 0273 (ITAT-DEHRADUN)
• Duration Of Justice: 4 year(s) 5 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-03-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2007-2008
• Appeal Filed On: 12-09-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: N C UPPADHAY
• Assessee Lawyers: LOVESH KALRA
• 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.4864/DEL/2016 (ASSESSMENT YEAR 2007-08) DY. CIT, CENTRAL CIRCLE, DEHRADUN. VS. M/S M.L. JUYAL & CO. (AOP), 15-SAHARANPUR ROAD, DEHRADUN. PAN AALFM 0281C (APPELLANT) (RESPONDENT) APPELLANT BY SH. N.C. UPPADHAY, SR. DR RESPONDENT BY SH. LOVESH KALRA, CA DATE OF HEARING 04.03.2021 DATE OF PRONOUNCEMENT 04.03.2021 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 2007-08. 2 ITA NO.4864/DEL/2016 DCIT VS. M/S M.L.JUYAL & CO (AOP) 2.0 HOWEVER, LD. DEPARTMENTAL REPRESENTATI VE (DR) POINTED OUT THAT THE PRESENT APPEAL IS TO BE WITHDRAWN AS THE TAX EFFECT INVOLVED IN THE CASE IS BELOW RS.50 LACS. 3.0 THE CBDT VIDE CIRCULAR NO.17/2019 DATED 08.08.2019 HAS REVISED THE MONETARY LIMIT FOR FILING THE APPEA LS BEFORE THE TRIBUNAL TO RS.50 LACS. FURTHER, CBDT VIDE LETTER DATED 20.08.2019 HAS ALSO CLARIFIED THAT CIRCULAR NO.17/2 019 WOULD BE APPLICABLE TO ALL PENDING APPEALS. IN SUCH CIRCUMS TANCES, THE PRESENT APPEAL FILED BY THE REVENUE IN CASE OF LOW T AX 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 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 CIRC ULAR DATED 08.08.2019 AND LETTER DATED 20.08.2019 (SUPRA), THE CAPTIONED APPEAL OF THE REVENUE IS DISMISSED AS WITHDRAWN/NOT P RESSED. 3 ITA NO.4864/DEL/2016 DCIT VS. M/S M.L.JUYAL & CO (AOP) 6.0 IN THE FINAL RESULT, THE APPEAL OF THE REVE NUE STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 04/03 /2021. SD/- SD/- (PRASHANT MAHARISHI) (SUDHANSHU SRIVASTAVA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 04/03/2021 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)