DCIT, Noida V. M/s. Chahat Technology Pvt. Ltd., Delhi

ITA 4871/DEL/2016

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 7627 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 7 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-04-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 12-09-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SHALINI VERMA
• Assessee Lawyers: DHARENDER KUMAR
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : B : NEW DELHI BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND SHRI KULDIP SINGH, JUDICIAL MEMBER ITA NO.4871/DEL/2016 ASSESSMENT YEAR: 2012-13 DCIT, CENTRAL CIRCLE, SECTOR-33, NOIDA. VS. CHAHAT TECHNOLOGY PVT. LTD., 612, B-2, GOBIND APARTMENT, VASUNDHARA ENCLAVE, DELHI 110 096. PAN: AADCC2012L (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI DHARENDER KUMAR, ADVOCATE REVENUE BY : SMT. SHALINI VERMA, SR.DR DATE OF HEARING : 25.04.2019 DATE OF PRONOUNCEMENT: 25 .04.2019 ORDER PER R.K. PANDA, AM: THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 29 TH FEBRUARY, 2016 OF THE CIT(A)-2, NEW DELHI, RELATING TO ASSESS MENT YEAR 2012-13. 2. THE LD. COUNSEL FOR THE ASSESSEE, AT THE OUTSE T, SUBMITTED THAT THE TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE IS BE LOW RS.20 LAC. THEREFORE, IN VIEW OF THE RECENT CBDT CIRCULAR NO.03/2018 DATED 11 TH JULY, 2018, WHICH IS APPLICABLE EVEN TO PENDING APPEALS, THE APPEAL FILED BY THE RE VENUE IS NOT MAINTAINABLE AND HAS ITA NO.4871/DEL/2016 2 TO BE DISMISSED. THE LD. DR FAIRLY CONCEDED THAT T HE TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE IS, ADMITTEDLY, BELOW RS.20 L AKHS. 3. WE HAVE HEARD THE RIVAL ARGUMENTS MADE BY BOTH T HE SIDES AND NOTE THAT TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENU E IS RS.14,89,093/- WHICH IS BELOW THE PRESCRIBED LIMIT OF RS.20 LAKHS. WE, THEREFORE, ARE OF THE OPINION THAT THE PRESENT APPEAL IS NOT MAINTAINABLE IN VIEW OF THE CBDT CIRC ULAR NO.03/2018 DATED 11 TH JULY, 2018 WHICH IS APPLICABLE EVEN TO PENDING APPEALS. HOWEVER, IF THE REVENUE, AT ANY POINT OF TIME, FINDS THAT THE CASE OF THE REVENUE F ALLS UNDER ANY OF THE CLAUSES AS PER AMENDED PARA 10 OF THE SAID CIRCULAR, VIDE NOTIFICA TION DATED 20 TH AUGUST, 2018, THE REVENUE IS AT LIBERTY TO FILE MISCELLANEOUS APPLICA TION FOR REVIVAL OF THE APPEAL. THE APPEAL FILED BY THE REVENUE IS, ACCORDINGLY, DISMIS SED. 4. IN THE RESULT, THE APPEAL FILED BY THE REV ENUE IS DISMISSED. THE DECISION WAS PRONOUNCED IN THE OPEN COURT ON 2 5.04.2019 AT THE TIME OF HEARING. SD/- SD/- (KULDIP SINGH) (R. K. PANDA) JUDICIAL MEMBER ACCOUNTANT MEMF BER DATED: 25 TH APRIL, 2019 DK ITA NO.4871/DEL/2016 3 COPY FORWARDED TO 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ASSTT. REGISTRAR, ITAT, NEW DELHI