DCIT, Circle- 2 (Internatioanl Taxation), Dehradun V. Paradigm Geophysical Pty Ltd., Dehradun

ITA 5241/DEL/2018

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 5207 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 1 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-09-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2015-2016
• Appeal Filed On: 03-08-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DEHRADUN BENCHES DEHRADUN BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER AND DR. B.R.R. KUMAR, ACCOUNTANT MEMBER I.T.A. NO.5241/DEL/2018 ASSESSMENT YEAR: 2015-2016 DCIT, CIRCLE-2 (INTERNATIONAL TAXATION), DEHRADUN. VS. PARADIGM GEOPHYSICAL PTY. LTD., C/O NANGIA & CO., 1 ST FLOOR, IDA, 46, E.C. ROAD, DEHRADUN TAN/PAN: AADCP5999B (APPELLANT) (RESPONDENT) APPELLANT BY: SHRI T.S. MAPWAL, SR.D.R. RESPONDENT BY: SHRI AMIT ARORA, ADV. DATE OF HEARING: 16 09 2021 DATE OF PRONOUNCEMENT: 16 09 2021 O R D E R PER AMIT SHUKLA, JM THE AFORESAID APPEAL HAS BEEN FILED BY THE REVENUE AGAINST THE IMPUGNED ORDER DATED 30.05.2018 PASSED BY COMMISSIONER OF INCOME TAX (APPEALS)-II, NOIDA FOR THE ASSESSMENT YEAR 2015-16. 2. BEFORE US, LD. COUNSEL FOR THE ASSESSEE SUBMITTE D THAT THE TOTAL DISPUTED AMOUNT AS RAISED IN THE REVENUE S APPEAL IS BELOW THE MONETARY PRESCRIBED LIMIT OF RS.50 LAC AS PER CBDT CIRCULAR NO.17/2019 DATED 08.08.2019, THE APPE AL OF THE REVENUE IS NOT MAINTAINABLE. I.T.A. NO.5241/DEL/2018 2 3. FURTHER CBDT VIDE CLARIFICATION DATED 20.08.2019 HAS CLARIFIED THAT THE AFORESAID CIRCULAR WILL APPLY TO ALL PENDING APPEALS ALSO. ACCORDINGLY, THE APPEAL OF THE REVENU E IS DISMISSED AS NON MAINTAINABLE AS THE TAX EFFECT IS BELOW RS.50 LAKHS. 5. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 16 TH SEPTEMBER, 2021. SD/- SD/- [DR. B.R.R. KUMAR] [AMIT SHUKLA] [ACCOUNTANT MEMBER] JUDICIAL MEMBER DATED: 16/09/2021 PKK: