ACIT, New Delhi V. Sh. Rakesh Kumar Arora, New Delhi

ITA 4980/DEL/2012

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 8033 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 7 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-05-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Next Hearing Date: 05-05-2016
• Assessment Year: 2006-2007
• Appeal Filed On: 20-09-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: KESONG Y SHERPA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH F NEW DELHI BEFORE SHRI S.V. MEHROTRA : ACCOUNTANT MEMBER AND SHRI C.M. GARG: JUDICIAL MEMBER ITA NO. 4980/DEL/2012 ASSTT. YR: 2006-07 ACIT, CENTRAL CIRCLE-2, VS. RAKESH KUMAR ARORA, 3 RD FLOOR, ARA CENTRE, 4/48, PASCHIM VIHAR, JHANDEWALAN EXTN., NEW DELHI. NEW DELHI. PAN: AAFPA 7076 H ( APPELLANT ) (RESPONDENT) APPELLANT BY : MS. KESONG Y. SHERPA SR. DR ASSESSEE BY : SHRI ANIL JAIN CA DATE OF HEARING : 05/05/2016. DATE OF ORDER : 09/05/2016. O R D E R PER S.V. MEHROTRA, A.M: THIS IS REVENUES APPEAL AGAINST THE ORDER DATED 1 6.07.2012, PASSED BY THE LD. CIT(A)-III, NEW DELHI IN APPEAL NO. 200/ 09-10, RELATING TO A.Y. 2006-07. 2. LD. CIT(DR) AT THE OUTSET SUBMITTED THAT, PRIMA FACIE, THE TAX EFFECT INVOLVED IN THE PRESENT APPEAL IS LESS THAN RS. 10 LAKHS. THEREFORE, IN TERMS OF CBDT CIRCULAR NO. 21/2015 DATED 10.12.2015, STI PULATING THAT THE DEPARTMENTAL APPEAL, INVOLVING TAX EFFECT BELOW RS .10 LAKHS, SHALL NOT BE FILED BEFORE THE ITAT AND FURTHER THAT SUCH INSTRUC TION WOULD APPLY RETROSPECTIVELY AND THE PENDING APPEALS BELOW THE S PECIFIED TAX LIMIT OF 2 RS.10 LAKH MAY BE WITHDRAWN/NOT PRESSED, THE DEPART MENT MAY BE ALLOWED TO WITHDRAW THE PRESENT APPEAL, PROVIDED THAT IT SHOUL D NOT BE CONSIDERED AS A PRECEDENT IN THE SUBSEQUENT YEARS OF THE ACCEPTANCE OF ISSUES INVOLVED IN THIS APPEALS AND, THEREFORE, IF IN THE SUBSEQUENT YEAR S IMILAR ISSUE ARISES BEFORE THE ITAT, WHERE THE APPEAL IS ABOVE THE TAX LIMIT, AS PRESCRIBED IN THE BOARDS CIRCULAR, THE SAME SHOULD BE DECIDED ON MER ITS. 3. AFTER HEARING THE LD. CIT(DR) THE DEPARTMENTAL APPEAL IS ALLOWED TO BE WITHDRAWN IN TERMS OF BOARDS CIRCULAR, REFERRED TO ABOVE. 4. IN THE RESULT, REVENUES APPEAL STANDS DISMISSED , HAVING BEEN WITHDRAWN. ORDER PRONOUNCEMENT IN OPEN COURT ON 09/05/2016. SD/- SD/- (C.M. GARG) (S.V. MEHROTRA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 09/05/2016. *MP* COPY OF ORDER TO: 1. ASSESSEE 2. AO 3. CIT 4. CIT(A) 5. DR, ITAT, NEW DELHI.