ITO, New Delhi V. M/s. Engineering Innovation, New Delhi

ITA 5039/DEL/2016

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 9815 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 7 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-05-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 23-09-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NIDHI SRIVASTAVA
• Keywords: Retrospective amendment; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: B NEW DELHI BEFORE SHRI G.D. AGARWAL, VICE PRESIDENT & SHRI K.NARASIMHA CHARY, JUDICIAL MEMBER ITA NO.5039/DEL/2016 ASSESSMENT YEAR: 2012-13 INCOME-TAX OFFICER, WARD 60(4), NEW DELHI. (APPELLANT) VS M/S ENGINEERING INNOVATION, OFFICE NO.9, GROUND FLOOR, DDA MARKET, POCKET A-1, CSC-1, MAYUR VIHAR, PHASE-III NEW DELHI. PAN: AACFE5697D (RESPONDENT) ASSESSEE BY: NONE REVENUE BY: MS NIDHI SRIVASTAVA, CIT- DR ORDER PER K. NARASIMHA CHARY, JM THE PRESENT APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 13.7.2016 IN APPEAL NO.111/15-16 PASSED BY THE LEARNED COMMISSIONER OF INCOME-TAX(APPEALS)-19, NEW DELHI { CIT(A)} IN RELATION TO ASSESSMENT YEAR 2012-13. 2. WE HAVE HEARD THE LD. DR APPEARED ON BEHALF OF T HE REVENUE. IT IS FOUND THAT PURSUANT TO THE MANDATE OF SECTION 268A, THE CBDT HAS ISSUED CIRCULAR NO. 03 OF 2018, DATED 11TH JULY , 2018 WITH DATE OF HEARING 02.05.2019 DATE OF PRONOUNCEMENT 02.05.2019 2 RETROSPECTIVE EFFECT, REVISING THE MONETARY LIMIT T O RS.20,00,000/- FOR NOT FILING APPEALS BEFORE THE TRIBUNAL. IT IS FURTHER FOUND THAT AS THE TAX EFFECT INVOLVED IN THE INSTANT APPEAL IS LESS THAN RS.20,00,000/-, THE EXTANT APPEAL IS NOT MAINTAINAB LE. THE LD. D.R., ALTHOUGH SUPPORTED THE ORDER OF THE ASSESSING OFFICER, BUT COULD NOT CONTROVERT THE FACT THAT TAX EFFECT I NVOLVED IN THIS APPEAL IS LESS THAN RS.20,00,000/-. 3. GOING BY THE PRESCRIPTION OF THE AFORENOTED CIRC ULAR, IT IS PALPABLE THAT THE INSTRUCTION IS APPLICABLE TO THE PENDING APPEALS ALSO WITH RETROSPECTIVE EFFECT AND THERE IS A CLEAR-CUT DIRECTION TO THE DEPARTMENT TO WITHDRAW OR NOT PRESS SUCH APPEALS FI LED BEFORE THE ITAT, WHEREIN TAX EFFECT IS LESS THAN RS.20,00,000/-. WE ARE, THEREFORE, OF THE VIEW THAT THE REVENUE SHOULD HAVE EITHER NOT FILED THE INSTANT APPEALS BEFORE THE TRIBUNAL OR WITHDRAWN THE SAME AS THE TA X EFFECT IN THIS CASE IS ADMITTEDLY LESS THAN THE PRESCRIBED LIMIT, I.E., RS . 20,00,000/- FOR NOT FILING THE APPEAL. ACCORDINGLY, WE DISMISS THE INST ANT APPEAL WITHOUT GOING INTO MERITS OF THE CASE. 4. IN THE RESULT, THE APPEAL OF THE REVENUE STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 2 ND MAY, 2019. SD/- SD/- (G.D. AGARWAL) (K. NARASIMHA CHARY) VICE PRESIDENT JUDICIAL MEMBER DATED: 2 ND MAY, 2019 VJ 3 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI DRAFT DICTATED ON 02.5.2019 DRAFT PLACED BEFORE AUTHOR 02.5.2019 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. APPROVED DRAFT COMES TO THE SR.PS/PS KEPT FOR PRONOUNCEMENT ON DATE OF UPLOADING ORDER ON THE WEBSITE FILE SENT TO THE BENCH CLERK DATE ON WHICH FILE GOES TO THE AR DATE ON WHICH FILE GOES TO THE HEAD CLERK. DATE OF DISPATCH OF ORDER.