ACIT, New Delhi V. M/s Religare Enterprises Ltd., New Delhi

ITA 5192/DEL/2016

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 4591 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 4 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-02-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2011-2012
• Appeal Filed On: 03-10-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: SOMAYA JAIN
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: F: NEW DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI O.P.KANT, ACCOUNTANT MEMBER ITA NO.5192/DEL/2016 (ASSESSMENT YEAR-2011-12) ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE,21(1), NEW DELHI. VS. M/S RELIGARE ENTERPRISES LTD., D3, P3B, DISTRICT CENTRE, SAKET, NEW DELHI-110017. PAN AAACV 5888N (APPELLANT) (RESPONDENT) APPELLANT BY SH. UMESH TAKYAR, SR. DR RESPONDENT BY SH. SOMAYA JAIN, ADV. DATE OF HEARING 25.02.2020 DATE OF PRONOUNCEMENT 25.02.2020 ORDER PER BHAVNESH SAINI, JUDICIAL MEMBER: THIS APPEAL BY REVENUE HAS BEEN DIRECTED AGAINST TH E ORDER OF LD. CIT (APPEALS)-7, NEW DELHI {CIT(A)} DATED 19.07.201 6 FOR THE ASSESSMENT YEAR: 2011-12. 2. WE HAVE HEARD THE LD. REPRESENTATIVES OF BOTH THE PARTIES. ITA NO.5192/DEL/2016 (ASST. YEAR: 2011-12) PAGE | 2 3 VIDE CIRCULAR NO.3/2018 DATED 11 TH JULY, 2018 ISSUED BY CBDT U/S 268 A OF THE I.T. ACT, IT HAS BEEN DIRECTED THAT A DEPARTMENT SHALL NOT FILE APPEAL BEFORE THE TRIBUNAL IN CASE WHERE THE TAX EF FECT DOES NOT EXCEED THE MONETARY LIMIT OF RS.20 LACS. IT IS ALSO DIRECTED T HAT THIS INSTRUCTION WILL APPLY RETROSPECTIVELY TO THE PENDING APPEALS AND AP PEALS TO BE FILED HENCEFORTH IN THE TRIBUNAL. PENDING APPEALS BELOW S PECIFIED TAX LIMIT MAY BE WITHDRAWN/NOT PRESSED. VIDE CIRCULAR NO.17/2019 DATED 8 TH AUGUST, 2019 THE MONETARY LIMIT OF RS.20 LACS IN THE DEPART MENTAL APPEAL HAVE BEEN ENHANCED TO 50 LACS. ALL OTHERS CONDITIONS OF THE EARLIER CIRCULAR WOULD APPLY ACCORDINGLY. 4. THE LD. DR FILED A CALCULATION OF AO (DCIT, CIR CLE-21(II)) IN WRITING INTIMATING THEREIN THAT THE TOTAL TAX EFFECT IN THE DEPARTMENTAL APPEAL IS RS.37,01,873/-. THE LD. DR THEREFORE SUBMITTED THAT THE TAX EFFECT IN THE DEPARTMENTAL APPEAL IS BELOW RS.50 LACS. THE LD. DR IN VIEW OF THE BOARD CIRCULAR ABOVE DO NOT PRESS THE DEPARTMENTAL APPEAL . THE CASE OF THE DEPARTMENT WOULD NOT FALL IN THE EXCEPTION PROVIDED IN THE ABOVE BOARD CIRCULAR. THE DEPARTMENTAL APPEAL IS ACCORDINGLY DI SMISSED AS WITHDRAWN. ITA NO.5192/DEL/2016 (ASST. YEAR: 2011-12) PAGE | 3 5. IN THE FINAL RESULT, THE DEPARTMENTAL APPEAL IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 25/02/2020 . SD/- SD /- (O.P.KANT) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 25/02/2020 PK/PS COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI