DCIT (Exemption), New Delhi V. M/s. Prakash Educational Society, New Delhi

ITA 4890/DEL/2016

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 6823 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 7 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-04-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2013-2014
• Appeal Filed On: 12-09-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SURENDER PAL
• Keywords: Audit objection; Tax effect

Judgement Text

IN THE INCOME-TAX APPELLATE TRIBUNAL, DELHI BENCH F, NEW DELHI BEFORE : SHRI AMIT SHUKLA, JUDICIAL MEMBER AND SHRI L.P. SAHU, ACCOUNTANT MEMBER ITA NO. 4890/DEL/2016 ASSESSMENT YEAR: 2013-14 DCIT (E), CIRCLE 2(1), NEW DELHI. (APPELLANT) VS. M/S. PRAKASH EDUCATIONAL SOCIETY, 620-A, FAIZ ROAD, KAROL BAGH, NEW DELHI (PAN- AAATP1227G) (RESPONDENT) APPELLANT BY SH. SURENDER PAL, SR. DR RESPONDENT BY NONE ORDER PER L.P. SAHU, A.M.: THIS APPEAL IS FILED BY THE REVENUE AGAINST THE ORD ER PASSED BY LEARNED CIT(A)-40, NEW DELHI FOR THE ASSESSMENT YEAR 2013-1 4. 2. HEARD THE LD. DR. NONE IS PRESENT ON BEHALF OF T HE ASSESSEE. 3. DURING THE COURSE OF HEARING, THE LD. DR SUBMITT ED THAT THERE IS NO DOUBT THAT TAX EFFECT INVOLVED IN THIS APPEAL IS LE SS THAN RS.20 LAKHS, THUS, BOUND BY THE DEPARTMENTAL INSTRUCTION, THE APPEAL H AS TO BE WITHDRAWN. HOWEVER, ATTENTION WAS INVITED TO PARA 10 OF THE CI RCULAR NO. 3/2018, DATED 11 TH JULY, 2018, WHICH HAS BEEN MODIFIED BY CIRCULAR DA TED 20TH AUGUST, 2018 AND IN TERMS OF THE SAID MODIFICATION THE DEPARTMEN TAL REPRESENTATIVE MADE A DATE OF HEARING 2 9 .0 4 .2019 DATE OF PRONOUNCEMENT 2 9 .0 4 .2019 ITA NO. 4890/DEL/2016 2 PRAYER THAT PERMISSION TO PRAY FOR RECALL OF THE OR DER MAY BE GRANTED IN CASE ANY OF THE CONDITIONS IN THE REPORTS MADE AVAILABLE BY THE A.O. SUBSEQUENTLY, SHOW THAT THE ISSUES WERE REQUIRED TO BE CONTESTED. THE MODIFIED PARA IS EXTRACTED HEREUNDER: 10. ADVERSE JUDGMENTS RELATING TO THE FOLLOWING IS SUES SHOULD BE CONTESTED ON MERITS NOTWITHSTANDING THAT THE TAX EF FECT ENTAILED IS LESS THAN THE MONETARY LIMITS SPECIFIED IN PARA 3 ABOVE OR THERE IS NO TAX EFFECT: (A) WHERE THE CONSTITUTIONAL VALIDITY OF THE PROVI SIONS OF AN ACT OR RULE IS UNDER CHALLENGE, OR (B) WHERE BOARD'S ORDER, NOTIFICATION, INSTRUCTION OR CIRCULAR HAS BEEN HELD TO BE ILLEGAL OR ULTRA VIRES, OR (C) WHERE REVENUE AUDIT OBJECTION IN THE CASE HAS BEEN ACCEPTED BY THE DEPARTMENT, OR (D) WHERE ADDITION RELATES TO UNDISCLOSED FOREIGN I NCOME/UNDISCLOSED FOREIGN ASSETS (INCLUDING FINANCIAL ASSETS)/ UNDISC LOSED FOREIGN BANK ACCOUNT. (E) WHERE ADDITION IS BASED ON INFORMATION RECEIVE D FROM EXTERNAL SOURCES IN THE NATURE OF LAW ENFORCEMENT AGENCIES S UCH AS CBI/ ED/ DRI/ SFIO/ DIRECTORATE GENERAL OF GST INTELLIGENCE (DGGI) . (F) CASES WHERE PROSECUTION HAS BEEN FILED BY THE DEPARTMENT AND IS PENDING IN THE COURT. 4. GOING BY THE PRESCRIPTION OF CIRCULAR NO. 3/2018 , DATED 11TH JULY, 2018, WE ARE OF THE VIEW THAT THE REVENUE SHOULD HAVE EIT HER NOT FILED THE INSTANT APPEAL BEFORE THE TRIBUNAL OR WITHDRAWN THE SAME AS THE TAX EFFECT IN THE APPEAL IS ADMITTEDLY LESS THAN THE PRESCRIBED LIMIT , I.E., RS. 20,00,000/-. ACCORDINGLY, WE DISMISS THE APPEAL FILED BY THE REV ENUE WITHOUT GOING INTO MERITS OF THE CASE. HOWEVER, IT IS MADE CLEAR THAT THE DEPARTMENT IS AT LIBERTY ITA NO. 4890/DEL/2016 3 TO FILE MISCELLANEOUS APPLICATION, IF THE TAX EFFEC T IS FOUND TO BE MORE THAN THE PRESCRIBED LIMIT OF RS.20,00,000/- OR ANY OF THE CO NDITIONS ETC., AS AVAILABLE IN THE AMENDMENT CARRIED OUT IN PARA 10 OF CIRCULAR NO . 3/2018, DATED 20.08.2018, IS MADE OUT. ACCORDINGLY, THE APPEAL OF THE REVENUE DESERVES TO BE DISMISSED AS NON-MAINTAINABLE. 5. IN THE RESULT, THE APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 29.04.2019. SD/- SD/- (AMIT SHUKLA) (L.P. S AHU) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 29.04.2019 *AKS* COPY OF ORDER FORWARDED TO: (1) THE APPELLANT (2) THE RESPONDENT (3) COMMISSIONER (4) CIT(A) (5) DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES, NEW DELHI