Appeal details
Counselvise Citation
[2017] 127 COUNSELVISE.COM (IT) 3272 (ITAT-DELHI)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
5 year(s) 2 month(s) 13 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
30-11-2017
Appeal Filed By
Department
Order Result
Dismissed
Bench Allotted
G
Next Hearing Date
17-04-2017
Assessment Year
2009-2010
Appeal Filed On
17-09-2012
Judgement Text
IN THE INCOME-TAX APPELLATE TRIBUNAL, DELHI BENCH G, NEW DELHI BEFORE : SHRI H.S. SIDHU, JUDICIAL MEMBER AND L.P. SAHU, ACCOUNTANT MEMBER ITA NO. 4931/DEL./2012 ASSESSMENT YEAR: 2009-10 A.C.I.T., CIRCLE- 9(1), ROOM NO. 163, C.R. BUILDING , I.P. ESTATE NEW DELHI. (APPELLANT) VS. STERLING ORNAMENTS PVT. LTD. B 37 , 1 ST FLOOR, GEETANJALI ENCLAVE, SAKET NEW DELHI. PIN 110001 (PAN: AAICS9774J (RESPONDENT) REVENUE BY SH. KAUSHLENDRA TIWARI, SR. D.R. ASSESSEE BY SH. SHUBHAM GUPTA, ADVOCATE ORDER PER L.P. SAHU, A.M.: THIS APPEAL BY THE REVENUE ARISES OUT OF THE ORDER PA SSED BY THE CIT(A) XII IN RELATION TO THE CAPTIONED ASSESSMENT Y EAR. 2. DURING THE COURSE OF HEARING, THE LD. DR, ALTHOUG H SUPPORTED THE ORDER OF THE ASSESSING OFFICER, BUT COULD NOT CONTR OVERT THE FACT THAT TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.10,00, 000/-. THE LD. AR OF THE ASSESSEE, ON THE OTHER HAND, CONTENDED THAT THE APPEAL O F THE REVENUE IS NOT MAINTAINABLE BY VIRTUE OF CIRCULAR OF CBDT NO. 21 OF 20 15 DATED 10.12.2015, REVISING THE MONETARY LIMIT TO RS.10,00,000/- FOR N OT FILING APPEALS BEFORE THE TRIBUNAL. DATE OF HEARING 30.11.2017 DATE OF PRONOUNCEMENT 30.11.2017 ITA NO. 4931/DEL./2012 2 3. AFTER CONSIDERING THE SUBMISSIONS OF BOTH THE PAR TIES AND THE MATERIAL ON RECORD, WE FIND THAT THE ABOVE CIRCULAR OF CBDT ON PECUNIARY LIMIT HAS NOW STATUTORY FORCE WITHIN THE PROVISIONS OF SECTION 268A OF THE IT ACT. THESE INSTRUCTIONS ARE OPERATIVE RETROSPECTIVELY TO T HE PENDING APPEALS ALSO. IT GOES WITHOUT SAYING THAT THE BOARDS INSTRUCTI ONS OR DIRECTIONS ISSUED TO THE INCOME-TAX AUTHORITIES ARE BINDING UPON THEM. GOING BY THE PRESCRIPTION OF THE AFORE-NOTED CIRCULAR, AND WITHOUT GOING INTO MERITS OF THE CASE, WE DISMISS THE INSTANT APPEAL FILED BY THE RE VENUE AS TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.10.00 LACS AND DR. WAS ALSO AGREED FOR DISMISSING TO THE APPEAL AS PER ABOVE NOTED CIRCULAR . 8. IN THE RESULT, THE APPEAL OF THE REVENUE STANDS DI SMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 30.11.2017. SD/- SD/- ( H. S. SIDHU) (L.P. SAHU) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 30.11.2017 *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
