ITO, New Delhi V. M/s AG Holding (p) Ltd., New Delhi

ITA 4895/DEL/2009

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 8366 (ITAT-DELHI)
• Duration Of Justice: 6 year(s) 3 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-04-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 22-03-2016
• Assessment Year: 2001-2002
• Appeal Filed On: 30-12-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K K JAISWAL
• Keywords: Tax effect
• Section: 147; 148

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: A NEW DELHI BEFORE SMT DIVA SINGH, JUDICIAL MEMBER AND SH.PRASHANT MAHARISHI, ACCOUNTANT MEMBER I.T.A .NO.-4895/DE L/2009 (ASSESSMENT YEAR-2001-02) ITO, COY.WARD-1(2), ROOM NO.-398-B, C.R. BUILDING, NEW DELHI (APPELLANT) VS AG HOLDING P. LTD., C/O-RRA TAX INDIA, D-28, SOUTH EXTENSION-I, NEW DELHI. PAN-AADCA6959N (RESPONDENT) C.O.NO.56/DEL/2010 (IN I.T.A .NO.-4895/DEL/2009) (ASSESSMENT YEAR-2001-02) AG HOLDING P. LTD., C/O-RRA TAX INDIA, D-28, SOUTH EXTENSION-I, NEW DELHI. (APPELLANT) VS ITO, COY.WARD-1(2), ROOM NO.-398- B, C.R. BUILDING, NEW DELHI (RESPONDENT) ASSESSEE BY SH. SOMIL AGARWAL, ADV R EVENUE BY SH. K.K.JAISWAL, DR ORDER PER DIVA SINGH, JM THE PRESENT APPEAL HAS BEEN FILED BY THE REVENUE AS SAILING THE CORRECTNESS OF THE ORDER DATED 30.10.2009 OF CIT(A) -IV, DELHI PERTAINING TO 2001- 02 AY. THE CROSS-OBJECTION IS FILED BY THE ASSESSE E. THE DEPARTMENTAL GROUNDS READ AS UNDER:- I.T.A .NO.-4895/DEL/2009 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE LD.CIT(A) HAS ERRED IN LAW AND ON FACTS IN ANNULLING THE PROC EEDINGS U/S 147 OF THE I.T.ACT IGNORING THAT: DATE OF HEARING 22.03.2016 DATE OF PRONOUNCEMENT 01.04.2016 I.T.A .NO.-4895/DEL/2009 & C.O.NO.56/DEL/2010 PAGE 2 OF 3 (A) NOTICE U/S 148 OF THE ACT WAS ISSUED ON 28.01.2008 WELL BEFORE THE EXPIRY OF LIMITATION DATE OF 31.03.2008. (B) ANOTHER NOTICE U/S 148 WAS ISSUED ON 20.03.2008 AS ASSESSEE FAILED TO FILE RETURN OF INCOME IN RESPONSE TO EARL IER NOTICE U/S 148 ISSUED ON 28.01.2008. (C) THERE IS NO SUBSTANCE IN THE CONTENTION OF ASSESSEE THAT THE ADDRESS OF ASSESSEE COMPANY FOR A.Y. 2005-06 AND 20 06-07 CLEARLY MENTION THE ADDRESS AT WHICH NOTICE U/S 148 WERE SENT TO THE ASSESSEE. (D) THERE ARE SUFFICIENT PROOFS ON RECORD TO SHOW THAT THE NOTICES WERE CORRECTLY AND TIMELY SERVED ON THE ASSESSEE. 2. THE APPELLANT CRAVES LEAVE FOR RESERVING THE RIGHT TO AMEND, MODIFY, ALTER, ADD OR FOREGO ANY GROUND(S) OF APPEAL AT ANY TIME BEFORE OR DURING THE HEARING OF THIS APPEAL. 2. CONSIDERING THE AMOUNT AT STAKE FOR THE REVENUE, BOTH THE PARTIES WERE REQUIRED TO ADDRESS CIRCULAR NO.21/2015 DATED 10TH DECEMBER, 2015 OF CBDT. CONSIDERING THE SAME IN THE FACTS ON RECORD, THE LD . SR. DR FAIRLY CONCEDED THAT THE DEPARTMENTAL APPEAL HAS BEEN FILED WHEREIN THE TAX EFFECT INVOLVED IS MUCH LESS THAN RS.10 LAKH. 3. WE HAVE HEARD THE SUBMISSIONS OF THE PARTIES ON THIS ISSUE AND PERUSED THE MATERIAL ON RECORD. WE FIND THAT THE CBDT VIDE THE AFORESAID CIRCULAR DATED 10.12.2015 HAS REVISED THE MONETARY LIMIT TO RS.10 LAKH FOR FILING THE APPEAL BY THE DEPARTMENT BEFORE INCOME TAX APPELLATE TRIBUNAL . VIDE PARA 10 OF THE AFORESAID CIRCULAR PARA 3 HAS BEEN MADE APPLICABLE RETROSPECTIVELY. CONSIDERING THE SETTLED LEGAL PRECEDENT THAT THE BOARDS INSTRU CTIONS OR DIRECTIONS ISSUED TO THE INCOME TAX AUTHORITIES U/S 268A OF THE INCOME T AX ACT, 1961 ARE BINDING ON THE AUTHORITIES, WE DISMISS THE DEPARTMENTAL APP EAL CONSIDERING THE MATERIAL AVAILABLE ON RECORD. THE C.O FILED BY THE ASSESSEE IS DISMISSED AS INFRUCTUOUS. 4. THE LD.AR IN VIEW OF THE SAME SUBMITTED THAT THE C.O. FILED BY THE ASSESSEE MAY DISMISSED AS INFRUCTUOUS. 5. IN THE RESULT, THE APPEAL OF THE REVENUE AND THE C.O OF THE ASSESSEE BOTH ARE DISMISSED. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 01 ST OF APRIL, 2016. SD/- SD/- (PRASHANT MAHARISHI) (DIVA SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 01/04/2016 *AMIT KUMAR* I.T.A .NO.-4895/DEL/2009 & C.O.NO.56/DEL/2010 PAGE 3 OF 3 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTA NT REGISTRAR ITAT NEW DELHI