ITO, New Delhi V. M/s. Fetchus Finsec. Pvt. Ltd., New Delhi

ITA 5154/DEL/2014

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 6839 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 9 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-07-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 31-07-2017
• Assessment Year: 2005-2006
• Appeal Filed On: 18-09-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIJAY KR JIWANI
• Assessee Lawyers: N O N E
• Keywords: Tax effect

Judgement Text

ITA. 5154 (DEL) OF 2014. M/S. FETCHUS FINSEC PVT. LTD. 1 IN THE INCOME TAX APPELLATE TRIBUNAL [ DELHI BENCHES : B NEW DELHI ] BEFORE SHRI H. S. SIDHU, JUDICIAL MEMBER AND SHRI L. P. SAHU, ACCOUNTANT MEMBER I. T. APPEAL NO. 5154 (DEL) OF 2014 ASSESSMENT YEAR : 2005-06. INCOME TAX OFFICER, WARD : 11 (2), N E W D E L H I. VS. M/S.FETCHUS FINSEC. PVT. LTD., C/O.ELYMER ELECTRICS PVT. LTD. 303, COPIA CORPORATE SUITS, JASOLA, NEW DELHI110 025. PAN : AAACF 1855 H (APPELLANT) (RESPONDENT) DEPARTMENT BY : SHRI VIJAY KR. JIWANI, SR. D.R.; ASSESSEE BY : N O N E; DATE OF HEARING : 11.07.2018; DATE OF PRONOUNCEMENT : 17.07.2018. O R D E R . PER L. P. SAHU, A. M . : THIS APPEAL AT THE INSTANCE OF REVENUE ARISES OUT OF THE ORDER PASSED BY THE CIT (APPEALS) IN RELATION TO THE CAPTIONED ASSESSMENT YEAR. ITA. 5154 (DEL) OF 2014. M/S. FETCHUS FINSEC PVT. LTD. 2 2. DURING THE COURSE OF HEARING, THE LD. DEPARTMENTAL REPRESENTATIVE, ALTHOUGH SUPPORTED THE ORDER OF THE ASSESSING OFFICER, BUT COULD NOT CONTROVERT THE FACT THAT TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.20,00,000/-. NOBODY APPEARED ON BEHALF OF THE ASSESSEE AT THE TIME OF HEARING. IT WAS CONTENDED THAT THE PRESENT APPEAL OF THE REVENUE IS NOT MAINTAINABLE IN VIEW OF RECENT CIRCULAR OF CBDT NO. 3/2018 DATED 11 TH JULY, 2018, WHEREBY THE MONETARY LIMIT OF TAX EFFECT FOR NOT FILING APPEALS BEFORE THE TRIBUNAL HAS BEEN REVISED TO RS.20,00,000/-. 3. HAVING CONSIDERED THE SUBMISSIONS OF THE LEARNED DEPARTMENTAL REPRESENTATIVE AND THE MATERIAL AVAILABLE ON RECORD, INCLUDING THE ABOVE CIRCULAR, WE FIND THAT THE ABOVE CIRCULAR OF CBDT ON PECUNIARY LIMIT HAS BEEN ISSUED IN SUPERSESSION OF EARLIER CBDT CIRCULAR NO. 21 OF 2015 DATED 10.12.2015, REVISING THE MONETARY LIMIT OF TAX EFFECT FROM RS.10,00,000/- TO RS.20,00,000/-. THESE INSTRUCTIONS OF CBDT HAVE NOW STATUTORY FORCE WITHIN THE PROVISIONS OF SECTION 268A OF THE I. T. ACT AND ARE MADE APPLICABLE TO THE PENDING APPEALS ALSO BY VIRTUE OF PARA 13 OF THE CIRCULAR. THIS CIRCULAR CONTAINS CLEAR INSTRUCTIONS TO THE DEPARTMENT TO WITHDRAW OR NOT TO PRESS SUCH APPEALS FILED BEFORE THE ITAT WHEREIN TAX EFFECT INVOLVED DOES NOT EXCEED ITA. 5154 (DEL) OF 2014. M/S. FETCHUS FINSEC PVT. LTD. 3 RS.20,00,000/-. IT IS NOT THE CASE OF THE REVENUE THAT THE PRESENT APPEAL COMES WITHIN THE SWEEP OF EXCLUSION CLAUSES AS GIVEN IN PARA NOS. 10 & 11 OF THE SAID CIRCULAR. THUS, GOING BY THE PRESCRIPTION OF THE AFORE-NOTED CBDT INSTRUCTIONS, AND WITHOUT GOING INTO MERITS OF THE CASE, WE DISMISS THE INSTANT APPEAL FILED BY THE REVENUE, BEING NOT MAINTAINABLE, AS THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.20 LAKHS. 4. IN THE RESULT, THE APPEAL OF THE REVENUE STANDS DISMISSED, AS INDICATED ABOVE. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON : 17 TH JULY, 2018 . SD/- SD/- ( H. S. SIDHU ) ( L. P. SAHU ) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : THE 17.07.2018 . *MEHTA* COPY OF THE ORDER FORWARDED TO :- 1. APPELLANT; 2. RESPONDENT; ITA. 5154 (DEL) OF 2014. M/S. FETCHUS FINSEC PVT. LTD. 4 3. CIT; 4. CIT (APPEALS); 5. DR, ITAT, ND. //TRUE COPY// BY ORDER ASSISTANT REGISTRAR UP-LOADED ON WEBSITE ON : 17.07.18. DATE DRAFT DICTATED ON 16.07.2018 DRAFT PLACED BEFORE AUTHOR 1 7 .0 7 .201 8 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER 1 7 .0 7 .201 8 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. 1 7 .0 7 .201 8 APPROVED DRAFT COMES TO THE SR.PS/PS 1 7 .0 7 .201 8 KEPT FOR PRONOUNCEMENT ON 1 7 .0 7 .201 8 FILE SENT TO THE BENCH CLERK ON : 17.07.2018 DATE ON WHICH FILE GOES TO THE AR DATE ON WHICH FILE GOES TO THE HEAD CLERK. DATE OF DISPATCH OF ORDER. ITA. 5154 (DEL) OF 2014. M/S. FETCHUS FINSEC PVT. LTD. 5