DCIT, New Delhi V. M/s. Sweka Power Tech Engineers Pvt. Ltd., New Delhi

ITA 5063/DEL/2014

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 2852 (ITAT-DELHI)
• Duration Of Justice: 6 year(s) 5 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-03-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2009-2010
• Appeal Filed On: 12-09-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: SOMIL AGGARWALADV
• Keywords: Tax effect
• Section: 268A

Judgement Text

I.T.A.NO.5063/DEL/2014 1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH G NEW DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI B.R.R. KUMAR, ACCOUNTANT MEMBER . . /. I.T.A NO.5063/DEL/2014 / ASSESSMENT YEAR: 2009-10 DCIT CENTRAL CIRCLE-5, NEW DELHI. VS. M/S SWEKA POWER TECH ENGINEERS (P) LTD., 254, VARDHMAN PLAZA-II, J BLOCK, COMMUNITY CENTRE, RAJOURI GARDEN, NEW DELHI. PAN NO. AAHCS0666C APPELLANT / RESPONDENT /REVENUE BY MS. RICHA KHOD A , CIT DR /ASSESSEE BY SH. SOMIL AGGARWAL,ADV. / DATE OF HEARING: 08.03.2021 /PRONOUNCEMENT ON 08 .03.2021 /O R D E R PER BHAVNESH SAINI, J.M. THIS APPEAL BY REVENUE HAS BEEN DIRECTED AGAINST T HE ORDER OF LD. CIT(APPEALS)-XXXI, NEW DELHI DATED 29.06.2014 FOR A Y 2009-10. 2. ADMITTEDLY, THE TAX EFFECT IN THE DEPARTMENTAL A PPEAL IS LESS THAN RS. 50 LAKHS. VIDE CIRCULAR NO. 17/2019 DATED 08.0 8.2019 ISSUED BY CBDT U/S 268A OF THE ACT, IT HAS BEEN DIRECTED THAT THE DEPARTMENT SHALL NOT FILE APPEAL BEFORE THE TRIBUNAL IN CASE WHERE THE T AX EFFECT DOES NOT EXCEED THE MONETARY LIMIT OF RS. 50 LAKHS. IT IS A LSO DIRECTED THAT THIS INSTRUCTION WILL APPLY RETROSPECTIVELY TO THE PENDI NG APPEALS AND APPEALS I.T.A.NO.5063/DEL/2014 2 TO BE FILED HENCEFORTH IN THE TRIBUNAL. PENDING AP PEALS BELOW THIS SPECIFIED TAX LIMIT MAY BE WITHDRAWN/NOT PRESSED. 3. LD. DR IN VIEW OF THE ABOVE DID NOT PRESS THE DE PARTMENTAL APPEAL. IN VIEW OF THE ABOVE, THE DEPARTMENTAL APPEAL STAND S DISMISSED AS WITHDRAWN/NOT PRESSED. ORDER PRONOUNCED IN THE OPEN COURT ON 08/03/2021 SD/- SD/- (B.R.R. KUMAR) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 08.03.2021 * KAVITA ARORA, SR. P.S. COPY OF ORDER SENT TO- ASSESSEE/AO/PR. CIT/ CIT (A) / ITAT (DR)/GUARD FILE OF ITAT. BY ORDER ASSISTANT REGISTRAR, ITAT: DELHI BENCHES-DELHI