DCIT, New Delhi V. Subterranean Metaphysical Ltd., New Delhi

ITA 5336/DEL/2015

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 3347 (ITAT-DELHI)
• Duration Of Justice: 4 year(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-08-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2009-2010
• Appeal Filed On: 28-08-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ARE BEING DISPOSED OFF
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH G : NEW DELHI BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER AND DR. B.R.R. KUMAR, ACCOUNTANT MEMBER ITA NOS. 5336, 5337, 5338 & 5339/DEL/2015 ASSTT. YEARS: 2009 - 10, 2010 - 11, 2011 - 12 & 2012 - 13 CO. NOS. 365,366,367 & 368/DEL/ 2015 ASSTT. YEARS 2009 - 10, 2010 - 11, 2011 - 12 & 2012 - 13 SUBTERRANEAN METAPHYSICAL LTD., C/O MR. ASEEM CHAWLA, ADVOCATE, E - 200, GREATER KAILASH - I, NEW DELHI PAN AAPCS4996K VS. D CIT, CENTRAL CIRCLE - 19, NEW DELHI. (APPELLANT) (RESPONDENT) ORDE R PER BENCH : THE PRESENT APPEAL S HAVE BEEN FILED BY THE REVENUE AGAINST THE ORDER OF THE LD. CIT(A) - XXVII , NEW DELHI EACH DATED 10.06.2015 . 2. SINCE, THE TAX EFFECT INVOLVED IN ALL THESE APPEALS COMMON IN VIEW OF THE CBDT CIRCULAR , THEY WERE HEARD TOGETHER AND ARE BEING DISPOSED OFF BY COMMON ORDER. DCIT, CENTRAL CIRCLE - 19, N EW DELHI VS. SUBTERRANEAN METAPHYSICAL LTD. C/O MR. ASEEM CHAWLA, ADVOCATE, E - 200, GREATER KAILASH - I , NEW DELHI PAN AAPCS4996K (APPELLANT) (RESPONDENT) DEPARTMENT BY: SHRI S.S. RANA, CIT(DR) ASSESSEE BY : SHRI ASEEM CHAWLA, ADV. LAKSHYA BUDHIRAJA, CA DATE OF HEARING 27/08/2019 DATE OF PRONOUNCEMENT 28/08/2019 ITA NO S. 5336 TO 5339 /DEL /2015 CO NOS. 365 TO 368/DEL/2015 SUBTERRANEAN METAPHYSICAL LTD. 2 3 . ACCORDING TO CIRCULAR NO. 17/2019 DATED 08/08/2019, THE CBDT IN SUPERSESSION OF EARLIER INSTRUCTIONS HAS DIRECTED THAT DEPARTMENT S APPEALS BEFORE ITAT SHALL NOT BE FILED IN CASES WHERE THE TAX EFFECT DOES NOT EXCEED THE MONETARY LIMIT OF RS. 50 LACS. THE TAX WILL NOT INCLUDE ANY INTEREST THEREON. IT I S FURTHER CLARIFIED THAT EVEN IF IN THE CASE OF AN ASSESSEE, DISPUTED ISSUES ARISE IN MORE THAN ONE ASSESSMENT YEAR, APPEAL CANNOT BE FILED IN RESPECT OF SUCH ASSESSMEN T YEAR OR YEARS IN WHICH THE TAX EFFECT IN RESPECT OF DISPUTED ISSUES EXCEEDS THE MONETARY LIMIT SO SPECIFIED. 4 . ADMITTEDLY, IN THE DEPARTMENTAL APPEAL S , THE TAX EFFECT IS LESS THAN RS. 50 LACS, THEREFORE, DEPARTMENTAL APPEAL IS NOT MAINTAINABLE. THE LD. DR COULD NOT BRING TO OUR NOTICE ANY EXCEPTIONS MENTIONED IN THE SAID CIRCULAR. 5. AS REGARDS TO THE CROSS OBJECTION S FILED BY THE ASSESSEE IS CONCERNED, SINCE WE HAVE ALREADY DISMISSED THE APPEAL OF THE REVENUE AS AFORESAID ON ACCOUNT OF LOW TAX EFFECT. THEREFORE, THE CROSS OBJECTION S FILED BY THE ASSESSEE HAS BECOME INFRUCTUOUS AND DISMISSED. 6 . IN THE RESULT, THE A PPEAL S OF THE REVENUE AND CO OF THE ASSESSEE ARE DISMISSED. (ORDER PRO NOUNCED IN THE OPEN COURT ON 28 /0 8 /2019). SD/ - SD/ - ( AMIT SHUKLA) ( DR. B.R.R. KUMAR) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 28/08/2019