ITO (TDS), New Delhi V. M/s. Nicotra India Pvt. Ltd., New Delhi

ITA 5110/DEL/2015

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 4193 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2014-2015
• Appeal Filed On: 11-08-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SURENDER PAL; A K YADAV
• Assessee Lawyers: V G SARDACA
• Keywords: Tax effect

Judgement Text

1 ITA NO.-5110/DEL/2015. NICOTRA INDIA PVT. LTD. IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH: C, NEW DELHI) BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER & SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER ITA NO:- 5110/DEL/2015 ( ASSESSMENT YEAR: 2014-15) INCOME TAX OFFICER, TDS WARD 2(2)(2), INTERNATIONAL TAXATION, NEW DELHI. VS. M/S NICOTRA INDIA PVT. LTD. , SHOP NO. 2F, 201, 2 ND FLOOR, PLOT NO.-112, LSC BLOCK-G, KONDLI GHAROLI, MAYUR VIHAR, PHASE-III, DELHI-110096. PAN NO.-AABCN6199B APPELLANT RESPONDENT REVENUE BY : SH. SURENDER PAL & A.K. YADAV, SR. DR ASSESSEE BY : SMT. V.G. SARDA,CA DATE OF HEARING : 17.08.2018. DATE OF PRONOUNCEMENT : 17/08/2018. ORDER PER: BHAVNESH SAINI, JM THIS APPEAL BY THE REVENUE HAS BEEN DIRECTED AGAINS T THE ORDER OF LD. CIT(A)- 43, NEW DELHI-110002, DATED 29.05.2015 FOR ASSESSME NT YEAR 2014-15. 2 ITA NO.-5110/DEL/2015. NICOTRA INDIA PVT. LTD. 2. WE HAVE HEARD THE LD. REPRESENTATIVES OF BOTH TH E PARTIES. 3. ADMITTEDLY, THE TAX EFFECT IN THE DEPARTMENTAL A PPEAL IS LESS THAN RS.20 LAKHS. VIDE CIRCULAR NO. 3 OF 2018 DATED 11.07.2018 ISSUED BY CBDT UNDER SECTION 268A OF THE I.T. ACT, IT HAS BEEN DIRECTED THAT DEPARTMENT SHAL L NOT FILE APPEAL BEFORE THE TRIBUNAL IN CASE WHERE THE TAX EFFECT DOES NOT EXCEED THE MONET ARY LIMIT OF RS.20 LAKHS. IT IS ALSO DIRECTED THAT THIS INSTRUCTION WILL APPLY RETROSPEC TIVELY TO THE PENDING APPEALS AND APPEALS TO BE FILED HENCEFORTH IN THE TRIBUNAL. PEN DING APPEALS BELOW THE SPECIFIED TAX EFFECT MAY BE WITHDRAWN/NOT PRESSED. LEARNED SR. D. R. IN VIEW OF THE ABOVE BOARD CIRCULAR DID NOT PRESS THE DEPARTMENTAL APPEAL. WE MAY ALSO NOTE THAT THE APPEAL OF THE DEPARTMENT ABOVE WOULD NOT FALL WITHIN THE EXCE PTIONS PROVIDED IN THE BOARD CIRCULAR. IN THE RESULT, THE DEPARTMENTAL APPEAL IS NOT MAINTAINABLE AS HAVE BEEN FILED AGAINST THE INSTRUCTION OF THE BOARD. THE DEPARTMEN TAL APPEAL IS DISMISSED AS WITHDRAWN/NOT PRESSED BY THE LEARNED SR. D.R. 4. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSE D. ORDER PRONOUNCED IN THE OPEN COURT ON 17/8/2018 SD/- SD/- (PRASHANT MAHARISHI) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 17.08.2018 POOJA/- COPY FORWARDED TO: 1. APPELLANT 3 ITA NO.-5110/DEL/2015. NICOTRA INDIA PVT. LTD. 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI 4 ITA NO.-5110/DEL/2015. NICOTRA INDIA PVT. LTD. DATE OF DICTATION 17/8/2018 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 17/8/2018 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. PS/PS 17/8/2018 DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT 17 /8/2018 DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/PS 17/8/2018 DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT 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