ITO ward 8(2), New Delhi V. Emdet Neff Perkings Rubbe Pvt. Ltd. , New Delhi

ITA 5080/DEL/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 8550 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 9 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-03-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2013-2014
• Appeal Filed On: 03-06-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NIDHI SRIVASTAVA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH B: NEW DELHI (THROUGH VIDEO CONFERENCING) BEFORE, SHRI R.K.PANDA, ACCOUNTANT MEMBER AND SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER I.T.A NO.5080/DEL/2019 (ASSESSMENT YEAR 2 013-14) INCOME TAX OFFICER WARD-8(2), NEW DELHI. VS. M/S EMDET NEFF PERKINGS RUBBER PVT. LTD., F- 406, MAIN MATHURA ROAD, SARITA VIHAR, NEW DELHI. PAN-AACCE 1676K (APPELLANT) (RESPONDENT) APPELLANT BY MS. NIDHI SRIVASTAVA, CIT-DR RESPONDENT BY NONE (ASSESSEE) DATE OF HEARING 25.03.2021 DATE OF PRONOUNCEMENT 25.03.2021 ORDER PER SUDHANSHU SRIVASTAVA, JM: THIS APPEAL IS PREFERRED BY THE REVENUE AGA INST ORDER DATED 29.03.2019 PASSED BY THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-34, NEW DELHI {CIT(A)} FOR ASSESSMEN T YEAR 2013-14. 2 ITA NO.5080 /DE L/2019 ITO VS. EMDET NEFF PERKINGS RUBBER PVT. LTD. 2.0 NONE WAS PRESENT FOR THE ASSESSEE WHEN T HE APPEAL WAS CALLED OUT FOR HEARING. HOWEVER, LD. DEPARTMENTAL R EPRESENTATIVE (DR) POINTED OUT THAT THE PRESENT APPEAL IS TO BE W ITHDRAWN AS THE TAX EFFECT INVOLVED IN THE CASE IS BELOW RS.50 LACS. 3.0 THE CBDT VIDE CIRCULAR NO.17/2019 DATED 08.08.2019 HAS REVISED THE MONETARY LIMIT FOR FILING THE APPEA LS BEFORE THE TRIBUNAL TO RS.50 LACS. FURTHER, CBDT VIDE LETTER DATED 20.08.2019 HAS ALSO CLARIFIED THAT CIRCULAR NO.17/2 019 WOULD BE APPLICABLE TO ALL PENDING APPEALS. IN SUCH CIRCUMS TANCES, THE PRESENT APPEAL FILED BY THE REVENUE IN CASE OF LOW T AX EFFECT IS NOT MAINTAINABLE. 4.0 BEFORE PARTING, WE CLARIFY HERE THAT THE REVENUE SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR RE-INSTITUT ION OF APPEAL, IF THE REQUISITE MATERIAL IS BROUGHT TO SHOW THAT THE APPEA L IS PROTECTED BY THE EXCEPTIONS PRESCRIBED IN PARA-10 OF THE CIRCULA R DATED 11.07.2018. 3 ITA NO.5080 /DE L/2019 ITO VS. EMDET NEFF PERKINGS RUBBER PVT. LTD. 5.0 IN CONCLUSION, BY APPLYING THE CBDT CIRC ULAR DATED 08.08.2019 AND LETTER DATED 20.08.2019 (SUPRA), THE CAPTIONED APPEAL OF THE REVENUE IS DISMISSED AS WITHDRAWN/NOT P RESSED. 6.0 IN THE FINAL RESULT, THE APPEAL OF T HE REVENUE STANDS DISMISSED. ABOVE DECISION WAS ANNOUNCED ON C ONCLUSION OF VIRTUAL HEARING ON 25 TH MARCH, 2021. SD/- SD/- (R.K.PANDA) (SUDHANSHU SRIVASTAVA ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 25/03/2021 PK/PS COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI