ACIT, New Delhi V. M/s. Vaishnavi Corporate Communication Pvt. Ltd., New Delhi

ITA 5216/DEL/2014

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 6842 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 10 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-07-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: H
• Assessment Year: 2008-2009
• Appeal Filed On: 23-09-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

INCOME TAX APPELLATE TRIBUNAL DELHI BENCH D: NEW DELHI BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER ITA NO.:- 5216/DEL/2014 ASSESSMENT YEAR: 2008-09 O R D E R PER AMIT SHUKLA, J.M. THIS IS AN APPEAL FILED BY THE REVENUE DIRECTED AGA INST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS)-1, NEW DEL HI DATED 25.7.2018 PERTAINING TO THE ASSESSMENT YEAR 2008-09. 2. DURING THE COURSE OF HEARING, THE LD. DR AL THOUGH SUPPORTED THE ORDER OF THE AO, BUT COULD NOT CONTROVERT THE FACT THAT T AX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS. 20,00,000/-. THE LD. COUNSE L APPEARING FOR THE ACIT CENTRAL CIRCLE-25 NEW DELHI. VS. VAISHNAVI CORPORATE COMMUNICATION PVT. LTD. R/O A-14, DUGGAL COLONY, DEVLI ROAD, KHANPUR NEW DELHI 110 062 AABCV2775K (APPELLANT) (RESPONDENT) DEPARTMENT BY: SHRI AMIT JAIN, SR. DR ASSESSEE BY : SHRI CHANDRASHEKHAR, CA DATE OF HEARING 25/07/2018 DATE OF PRONOUNCEMENT 25/07/2018 2 ASSESSEE ON THE OTHER HAND CONTENDED THAT THE PRESE NT APPEAL OF THE REVENUE IS NOT MAINTAINABLE IN VIEW OF RECENT CIRCU LAR OF CBDT NO. 3/2018 DATED 11 TH JULY, 2018, WHEREBY THE MONETARY LIMIT OF TAX EFFE CT FOR NOT FILING APPEALS BEFORE THE TRIBUNAL HAS BEEN REVISED TO RS. 20,00,000/-. HE HAS GIVEN FOLLOWING WORKING OF TAX ON THE DISPUTED ISSU E :- ADDITIONS / DISALLOWANCES: RS. 37,33,395/- TAX EFFECT ON ABOVE (33.99%) RS. 12,68,980/- 3. HAVING CONSIDERED THE RIVAL SUBMISSIONS 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 MONET ARY LIMIT OF TAX EFFECT FROM RS. 10,00,000/- TO RS. 20,00,000/-. THESE INST RUCTIONS OF CBDT HAVE NOW STATUTORY FORCE WITHIN THE PROVISIONS OF SECTIO N 268A AND ARE MADE APPLICABLE TO THE PENDING APPEALS ALSO BY VIRTUE OF PARA 13 OF THE CIRCULAR. THIS CIRCULAR CONTAINS CLEAR INSTRUCTIONS TO THE DE PARTMENT TO WITHDRAW OR NOT TO PRESS SUCH APPEALS FILED BEFORE THE ITAT WHE REIN TAX EFFECT INVOLVED DOES NOT EXCEED 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 NO. 10 & 11 OF THE SAID CIRCULAR. THUS, GOING BY TH E PRESCRIPTION OF THE AFORE-NOTED CBDT INSTRUCTIONS, AND WITHOUT GOING IN TO 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 T HAN RS. 20.00 LACS. 3 4. IN THE RESULT, THE APPEAL OF THE REVENUE STA NDS DISMISSED AS INDICATED ABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON 25 TH JULY, 2018. SD/- SD/- (PRASHANT MAHARISHI) (AMIT SHUKLA) ACCOUNTANT MEMBER JUDIC IAL MEMBER DATED: 25/07/2018 VEENA COPY FORWARDED TO 1. APPLICANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI