DCIT, Central Circle, Dehradun V. Kamya Realinvest P.Ltd, Rishikesh

ITA 5099/DEL/2018

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 7031 (ITAT-DEHRADUN)
• Duration Of Justice: 3 year(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-08-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2013-2014
• Appeal Filed On: 24-07-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SHIVANGI KUMAR
• Assessee Lawyers: T S MAPWAL
• Keywords: Tax effect

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI G BEN CH, DEHRADUN CIRCUIT BENCH : DEHRADUN (THROUGH VIDEO CONFERENCING] BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER, AND MS. SUCHITRA KAMBLE, JUDICIAL MEMBER ITA NO.5099/DEL/2018 [A.Y 2013-14] THE D. C.I.T VS. M/S KAMYA REALINVEST PVT. LTD. CENTRAL CIRCLE 365, KAMAL KANT PLACE, HARIDWAR DEHRADUN ROAD, RISHIKESH PAN : AAECK60138 [APPELLANT] [RESPONDENT] DATE OF HEARING : 23.08.2021 DATE OF PRONOUNCEMENT : 23.08.2021 ASSESSEE BY : SHRI TS. MAPWAL, SR. D R REVENUE BY : SHRI SHIVANGI KUMAR, C A ORDER PER N.K. BILLAIYA, ACCOUNTANT MEMBER THIS APPEAL BY THE REVENUE IS PREFERRED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX [APPEALS] - IV, KANPUR D ATED 23.05.2018 PERTAINING TO ASSESSMENT YEAR 2013-14. 2 2. A PERUSAL OF THE GRIEVANCE OF THE REVENUE SHOWS THAT THE TAX EFFECT WOULD BE LESS THAN RS. 50 LAKHS, THEREFORE, THIS APPEAL IS NOT MAINTAINABLE AS PER CBDT CIRCULAR NO. 17/2019 DATED 08.08.2019. 3. THIS APPEAL IS, ACCORDINGLY, DISMISSED WITH LIBE RTY TO THE REVENUE TO APPROACH THE TRIBUNAL AS PER THE PROVISIONS OF L AW, SHOULD IT FEEL THAT THE TAX EFFECT IS MORE THAN RS. 50 LAKHS. 4. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I N ITA NO. 5099/DEL/2018 IS DISMISSED. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 23.08. 2021 IN THE PRESENCE OF BOTH THE RIVAL REPRESENTATIVES. SD/- SD/- [SUCHITRA KAMBLE] [N .K. BILLAIYA] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 23RD AUGUST, 2021 *NEHA* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ASST. REGISTRAR, ITAT, NEW DELHI 3 DATE OF DICTATION 23.08.2021 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 23.08.2021 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER 23.08.2021 DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.PS/PS 23.08.2021 DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT 23.08.2021 DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.PS/PS 23.08.2021 DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT 23.08.2021 DATE ON WHICH THE FILE GOES TO THE BENCH CLERK DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER