ACIT, New Delhi V. M/s. NIIT Ltd., New Delhi

ITA 5359/DEL/2012

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 6310 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 5 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-03-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Next Hearing Date: 09-03-2016
• Assessment Year: 2008-2009
• Appeal Filed On: 19-10-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PARAMITA M BISWAS
• Assessee Lawyers: BHAVITA KUMAR
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: E NEW DELHI BEFORE SMT DIVA SINGH, JUDICIAL MEMBER AND SH.O.P.KANT, ACCOUNTANT MEMBER I.T.A .NO.-5359/DE L/2012 (ASSESSMENT YEAR-2008- 09) ACIT, CENTRAL CIRCLE-8, ROOM NO.- 356, E-2, ARA CENTRE, JHANDEWALAN, NEW DELHI (APPELLANT) VS NIIT LTD., B-234, OKHLA INDUSTRIAL AREA, PHASE-I, NEW DELHI. (RESPONDENT) APPELLANT BY SMT. PARAMITA M.BISWAS, CIT DR RESPONDENT BY MS. BHAVITA KUMAR, ADV. ORDER PER DIVA SINGH, JM THE PRESENT APPEAL HAS BEEN FILED BY THE REVENUE AS SAILING THE CORRECTNESS OF THE ORDER DATED 01.08.2012 OF CIT(A) -XXXII, DELHI PERTAINING TO 2008 09 ASSESSMENT YEAR ON THE FOLLOWING GROUND: 1. THAT THE COMMISSIONER OF INCOME TAX (APPEALS) ERRE D IN LAW AND ON FACTS OF THE CASE IN ALLOWING RELIEF OF RS.11,03,49 4/- OUT OF TOTAL ADDITION OF RS.11,55,150/-. 2. MS. BHAVITA KUMAR, ADVOCATE PRESENT ON BEHALF OF THE ASSESSEE INVITING ATTENTION TO THE CBDT LATEST CIRCULAR NO. 21/2015 D ATED 10 TH DECEMBER, 2015 SUBMITTED THAT THE DEPARTMENTAL APPEAL IS NOT MAINTAINABLE IN VIEW OF THE FACT THAT THE TAX EFFECT INVOLVED IS MUCH LESS THAN THE LIMIT FIX THEREIN OF RS. 10 LACS OF THE ITAT. LD. CIT DR, SMT. P. M.BISWAS C ONSIDERING THE CBDT CIRCULAR NO. 21/2015 DATED 10 TH DECEMBER FAIRLY SUBMITTED THAT THE TAX EFFECT INVOLVED IS MUCH LESS THAN RS. 10 LACS. DATE OF HEARING 09.03.2016 DATE OF PRONOUNCEMENT 22.03.2016 I.T.A .NO.-5359/DEL/2012 PAGE 2 OF 2 3. WE HAVE HEARD THE SUBMISSIONS OF THE PARTIES ON THIS ISSUE AND PERUSED THE MATERIAL ON RECORD. WE FIND THAT THE CBDT VIDE THE AFORESAID CIRCULAR DATED 10.12.2015 HAS REVISED THE MONETARY LIMIT TO RS.10 LAKH FOR FILING THE APPEAL BY THE DEPARTMENT BEFORE INCOME TAX APPELLAT E TRIBUNAL. PARA 3 OF THE AFORESAID CIRCULAR HAS BEEN MADE APPLICABLE VIDE PA RA 10 RETROSPECTIVELY. CONSIDERING THE SETTLED LEGAL PRECEDENT THAT THE BO ARDS INSTRUCTIONS OR DIRECTIONS ISSUED TO THE INCOME TAX AUTHORITIES U/S 268A OF THE INCOME TAX ACT, 1961 ARE BINDING ON THE AUTHORITIES, WE DISMIS S THE DEPARTMENTAL APPEAL CONSIDERING THE MATERIAL AVAILABLE ON RECORD. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 22 ND MARCH, 2016. SD/- SD/- (O.P.KANT) (DIVA SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 22/03/2016 *AMIT KUMAR* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI