ACIT, CENTRAL CIRCLE- 30, NEW DELHI V. SURYA GLOBAL STEEL TUBES LTD., NEW DELHI

ITA 5228/DEL/2017

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 2881 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 3 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-11-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2016-2017
• Appeal Filed On: 11-08-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH A NEW DELHI (THROUGH VIDEO CONFERENCING) BEFORE SHRI G.S. PANNU, VICE PRESIDENT AND SHRI AMIT SHUKLA, JUDICIAL MEMBE R ITA NO. 5228/DEL/2017 ASSESSMENT YEAR 2016-17 ACIT, CENTRAL CIRCLE-30, NEW DELHI. VS SURYA GLOBAL STEEL TUBES LTD., 2 ND FLOOR, PADMA TOWER-I, 5, RAJENDRA PLACE, NEW DELHI-110008 (PAN: AAMCS1258B) (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI DIVYANSH JAIN, ADVOCA TE DEPARTMENT BY: SHRI M. BARNWAL, SR. DR DATE OF HEARING : 16.11.2020 DATE OF PRONOUNCEMENT : 16.11.2020 ORDER PER G.S. PANNU, VICE PRESIDENT THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(A)-30, NEW DELHI DATED 17.5.2017 AND PERTAINS TO ASSESSMENT YEAR 2016- 17. THIS APPEAL HAS BEEN LISTED BY THE REGISTRY IN TERMS OF AN APPLICATION DATED 06.10.2020 (RECEIVED ON 08.10.2020) ON BEHALF OF TH E ASSESSEE SEEKING AN EARLY ITA 5228/D/2017 2 DISPOSAL OF THE APPEAL FOR THE REASON THAT THE APPE AL IS NOT MAINTAINABLE IN VIEW OF THE CBDT CIRCULAR NO. 17/2019 DATED 08.08.2019. 2. AT THE TIME OF HEARING BEFORE US, IT WAS SUBMITT ED BY THE LEARNED COUNSEL FOR THE ASSESSEE THAT THE TAX EFFECT IN THIS APPEAL BY THE REVENUE IS BELOW RS. 50 LAKHS, AND ACCORDINGLY IN TERMS OF THE CBDT CIRCULA R DATED 8 TH AUGUST, 2019 (SUPRA), THE INSTANT DEPARTMENTAL APPEAL IS NOT MAI NTAINABLE. THE LEARNED SENIOR DR HAS NOT CONTESTED THE AFORESAID POSITION. 3. BEFORE WE PROCEED FURTHER, WE MAY REFER TO T HE REPORT OF THE REGISTRY THAT THE APPEAL FILE IN ORIGINAL IS NOT TRACEABLE IN SPI TE OF BEST EFFORTS, AND THEREFORE THE APPEAL MAY BE DISPOSED OF AFTER OBTAINING A DUP LICATE SET OF APPEAL PAPERS FROM THE RESPONDENT -ASSESSEE. BOTH SIDES HAVE NO OBJECTION. 4. IN VIEW OF ABOVE, THE APPEAL OF THE REVENUE IS DISMISSED AS NON- MAINTAINABLE CONSIDERING THE CIRCULAR OF CBDT (SUPR A). 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DIS MISSED. ABOVE DECISION WAS ANNOUNCED ON CONCLUSION OF VIRTU AL HEARING ON 16 TH NOVEMBER, 2020. SD/- SD/- (AMIT SHUKLA) ( G.S. PANNU ) JUDICIAL MEMBER VICE PRESIDE NT GS ITA 5228/D/2017 3 COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT BY ORDER ASSISTANT REGISTRAR