ITO, New Delhi V. M/s. Giriraj Concast (P) Ltd., Delhi

ITA 5182/DEL/2012

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 8293 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 6 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-04-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 07-04-2016
• Assessment Year: 2002-2003
• Appeal Filed On: 05-10-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: T VASANTHAN
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH C, NEW DELHI BEFORE SHRI J.S. REDDY, ACCOUNTANT MEMBER AND SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER ITA NO. 5182/DEL/2012 AY: 20 02-03 INCOME TAX OFFICER, VS GIRIRAJ CONCAST (P) LTD ., WARD 12(1), 666-D/1, JHEEL KHURENJA LAN E, ROOM NO. 337, DELHI-110051 C.R. BUILDING, (PAN: AABCG0285B) NEW DELHI. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI T. VASANTHAN, SR. DR RESPONDENT BY : NONE ORDER PER SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER THIS IS AN APPEAL FILED BY THE REVENUE DIRECTED AGA INST THE ORDER DATED 04.07.2012 OF LD.CIT(A)-XV, NEW DELH I FOR ASSESSMENT YEAR 2002-03. 2. THE TAX EFFECT IN THIS APPEAL BY THE REVENUE DOES NOT EXCEED THE MONETARY LIMIT OF RS.10 LAKHS SPECIFIED IN RECE NT CBDT CIRCULAR NO.21/2015 DATED 10 TH DECEMBER, 2015, F.NO. 279/MISC./142/2007-ITJ(PT.) READ WITH S.268 A OF TH E INCOME TAX ACT 1961. FURTHER IN THIS CBDT CIRCULAR, AT PAR A 10 IT IS SPECIFIED THAT THE INSTRUCTION WILL APPLY RETROSPEC TIVELY, TO ALL PENDING APPEALS. 3. THE LD. D.R. COULD NOT CONTROVERT THE FACT THAT TH E TAX EFFECT ON THE QUANTUM OF INCOME IN DISPUTE IS BELOW THE MO NETARY LIMIT OF RS.10,00,000/- (TEN LAKHS ONLY). I.T.A. NO.5182/DEL/2012 ASSESSMENT YEAR 2002-03 2 4. NONE APPEARED FOR THE ASSESSEE . 5. HENCE WE DISMISS THIS APPEAL FILED BY THE REVENUE ON THE GROUND THAT THE TAX EFFECT IN THE PRESENT APPEAL DO ES NOT EXCEED THE MONETARY LIMIT SPECIFIED BY THE CBDT CIRCULAR N O.21/2015 DATED 10 TH DECEMBER,2015, F.NO. 279/MISC./142/2007-ITJ(PT.) READ WITH S.268 A OF THE INCOME TAX ACT 1961, AND H ENCE NOT MAINTAINABLE. 6. IN CASE THERE IS A MISTAKE IN THE CALCULATION OR I F THE CASE IS COVERED BY ANY OF THE EXCEPTION SPECIFIED IN THE CI RCULAR, THE REVENUE MAY FILE A MISC. APPLICATION U/S 254(2) OF THE INCOME TAX ACT 1961 POINTING OUT THE MISTAKE AND IF THE BE NCH IS CONVINCED OF THE MISTAKE, THIS ORDER WILL BE RECALL ED AND THE APPEAL RESTORED FOR FRESH DISPOSAL ON MERITS. 7. IN THE RESULT, THE REVENUES APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 07.04.2016. SD/- SD/- (J.S. REDDY) (SUDHANSHU SRIVASTAVA) ACCOUNTANT MEMBER JUDICIAL MEM BER DATED: THE 7TH OF APRIL, 2016 GS COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT BY ORDER ASSTT. REGISTRAR