ACIT, Noida V. Shri Hemant Kumar, Noida

ITA 5044/DEL/2016

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 3045 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 5 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-03-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2012-2013
• Appeal Filed On: 23-09-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Retrospective amendment; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: C, NEW DELHI BEFORE SH. H.S. SIDHU, JUDICIAL MEMBER AND SH. L.P. SAHU, ACCOUNTANT MEMBER ITA NO.5044/DEL/2016 ASSESSMENT YEAR: 2012-13 ACIT, CIRCLE-1, NOIDA ROOM NO. 308, 3 RD FLOOR, AAYAKAR BHAWAN, A-2D, SECTOR-24, NOIDA-201301 (UP) VS. SH. HEMANT KUMAR, PROP. M/S RAJ TRADING COMPANY, SHOP NO. 17, SHRI RAM TRADE CENTRE MAIN RAOD, VILL-BISHANPRA, SECTOR-58, NOIDA (UP) 201301 (PAN: BFGPK5952M) (APPELLANT) (RESPONDENT) ORDER PER H.S. SIDHU, J.M.: THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST TH E ORDER DATED 29.6.2016 PASSED BY THE LD. CIT(A)-1, NOIDA I N RELATION TO ASSESSMENT YEAR 2012-13. 2. THE LEARNED DR SUPPORTED THE ORDER OF THE ASSESS ING OFFICER, BUT COULD NOT CONTROVERT THE FACT THAT THE TAX EFFE CT INVOLVED IN THIS APPEAL IS LESS THAN RS.20,00,000/-. DEPARTMENT BY SHRI AMIT KATOCH, SR. DR. ASSESSEE BY SHRI K.P. GARG, CA 2 3. LD. AR FOR THE ASSESSEE HAS FILED A CHART OF COM PUTATION OF TAX AND STATED THAT BALANCE TAX AND CESS ON ADDITI ON BY AO IS RS. 15,21,420/-, WHICH IS BELOW THE PRESCRIBED LIMI T OF TAX, AS FIXED BY THE CBDT. 4. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE R ECORDS, ESPECIALLY THE CHART OF COMPUTATION OF TAX FILED B Y THE LD. AR FOR THE ASSESSEE DURING THE HEARING, WHICH SHOWS THAT T HE TAX INVOLVED IN THE PRESENT APPEAL IS BELOW THE PRESCRI BED LIMIT. IT IS NOTICED THAT RECENTLY THE CBDT HAS ISSUED CIRCULAR NO. 03 OF 2018, DATED 11TH JULY, 2018 WITH RETROSPECTIVE EFFE CT, REVISING THE MONETARY LIMIT TO RS.20,00,000/- FOR NOT FILING APP EALS BEFORE THE TRIBUNAL. 5. FROM THE AFORE-NOTED CIRCULAR, IT IS PALPABLE TH AT THE INSTRUCTION IS APPLICABLE TO THE PENDING APPEALS AL SO WITH RETROSPECTIVE EFFECT AND THERE IS A CLEAR-CUT DIREC TION TO THE DEPARTMENT TO WITHDRAW OR NOT PRESS SUCH APPEAL FIL ED BEFORE THE ITAT, WHEREIN TAX EFFECT IS LESS THAN RS.20,00,000/ -. GOING BY THE PRESCRIPTION OF THE AFORE-NOTED CIRCULAR, WE ARE OF THE VIEW THAT THE REVENUE SHOULD HAVE EITHER NOT FILED THE INSTAN T APPEAL BEFORE THE TRIBUNAL OR WITHDRAWN THE SAME AS THE TAX EFFEC T IN THIS APPEAL IS ADMITTEDLY LESS THAN THE PRESCRIBED LIMIT , I.E., RS. 20,00,000/- FOR NOT FILING THE APPEAL BEFORE THE TR IBUNAL. ACCORDINGLY, WE DISMISS THE INSTANT APPEAL FILED BY THE REVENUE WITHOUT GOING INTO MERITS OF THE CASE. HOWEVER, THE DEPARTMENT IS AT LIBERTY TO FILE MISCELLANEOUS APPLICATION, IF TH E TAX EFFECT IS FOUND TO BE MORE THAN THE PRESCRIBED LIMITED OF RS. 20,00,000/- 3 OR OTHERWISE. ACCORDINGLY, THE APPEAL OF THE REVENU E STANDS DISMISSED. 6. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. THE DECISION IS PRONOUNCED ON 06.03.2019 SD/- SD/- (L.P. SAHU) (H.S. SIDHU ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 06.03.2019 SRBHATNAGAR COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ASSTT. REGISTRAR, ITAT, NEW DELHI 4