ITO (E), New Delhi V. M/s Ghalib Institute, New Delhi

ITA 5225/DEL/2016

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 3513 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 1 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-11-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2012-2013
• Appeal Filed On: 04-10-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME-TAX APPELLATE TRIBUNAL, DELHI BENCH C, NEW DELHI BEFORE : SHRI H.S. SIDHU, JUDICIAL MEMBER AND SHRI L.P. SAHU, ACCOUNTANT MEMBER ITA NO. 5225/DEL./2016 ASSESSMENT YEAR: 2012-13 INCOME - TAX OFFICER (E) NEW DELHI. (APPELLANT) VS. GHALIB INSTITUTE, AIWAN - E - GHALIB MARG, MATAR SUNDARI LANE, NEW DELHI.(PAN-AAATG0399Q) (RESPONDENT) APPELLANT BY SH. ARUN KUMAR YADAV, SR. DR RESPONDENT BY SH. SAMEER JAIN, C.A. ORDER PER L.P. SAHU, A.M.: THIS APPEAL BY THE REVENUE ARISES OUT OF THE ORDER PASSED BY THE CIT(A)-40 NEW DELHI DATED 04.07.2016 IN RELATION TO THE CAPTIONED ASSESSMENT YEAR. 2. DURING THE COURSE OF HEARING, THE LD. DR, ALTHO UGH SUPPORTED THE ORDER OF THE ASSESSING OFFICER, BUT FAIRLY AGREED THAT THE TAX E FFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.10,00,000/- AND BY VIRTUE OF CIRCULAR OF CBDT NO . 21 OF 2015 DATED 10.12.2015, THE MONETARY LIMIT HAS BEEN REVISED TO RS.10,00,000/- FOR NOT FILING APPEALS BY THE DEPARTMENT BEFORE THE TRIBUNAL. 3. AFTER GOING THROUGH THE MATERIAL ON RECORD, WE F IND THAT THE ABOVE CIRCULAR OF CBDT ON PECUNIARY LIMIT HAS NOW STATUTORY FORCE WITHIN T HE PROVISIONS OF SECTION 268A OF THE IT ACT. THESE INSTRUCTIONS ARE OPERATIVE RETROSPECTI VELY TO THE PENDING APPEALS ALSO. IT GOES WITHOUT SAYING THAT THE BOARDS INSTRUCTIONS OR DIR ECTIONS ISSUED TO THE INCOME-TAX AUTHORITIES ARE BINDING UPON THEM. GOING BY THE PRE SCRIPTION OF THE AFORE-NOTED CIRCULAR, DATE OF HEARING 07.11.2017 DATE OF PRONOUNCEMENT 07 .11.2017 ITA NO. 5225/DEL./2016 2 AND WITHOUT GOING INTO MERITS OF THE CASE, WE DISMI SS THE INSTANT APPEAL FILED BY THE REVENUE AS TAX EFFECT INVOLVED IN THIS APPEAL IS LE SS THAN RS.10.00 LACS. 4. IN THE RESULT, THE APPEAL OF THE REVENUE STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 07.11.2017 SD/- SD/- (H.S. SIDHU) (L.P. SAHU) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 07.11.2017 *AKS* COPY OF ORDER FORWARDED TO: (1) THE APPELLANT (2) THE RESPONDENT (3) COMMISSIONER (4) CIT(A) (5) DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES, NEW DELHI