ACIT, New Delhi V. Sh. Ashish Kalra, New Delhi

ITA 5383/DEL/2015

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 6956 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 10 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-07-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC 1
• Next Hearing Date: 28-12-2016
• Assessment Year: 2007-2008
• Appeal Filed On: 01-09-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

INCOME TAX APPELLATE TRIBUNAL DELHI BENCH A: NEW DELHI BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER AND SHRI O.P. KANT, ACCOUNTANT MEMBER ITA NO.:- 5383/ DEL/2015 ASSESSMENT YEAR: 2007-08 O R D E R PER AMIT SHUKLA, J.M. THIS IS AN APPEAL FILED BY THE REVENUE DIRECTED AGAI NST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS)-2 3, NEW DELHI DATED 11.6.2015 PERTAINING TO THE ASSESSMENT YEAR 2007-0 8. 2. DURING THE COURSE OF HEARING, THE LD. DR ALTHO UGH SUPPORTED THE ORDER OF THE AO, BUT COULD NOT CONTROVERT THE FACT THAT TAX E FFECT INVOLVED IN THIS APPEAL IS LESS THAN RS. 20,00,000/-. THE LD. COUNSEL APPEARING FOR THE ASSESSEE ON THE OTHER HAND CONTENDED THAT THE PRESENT APPEAL OF THE REVENUE IS NOT MAINTAINABLE IN VI EW OF RECENT CIRCULAR OF CBDT NO. 3/2018 DATED 11 TH JULY, 2018, WHEREBY THE ACIT CENTRAL CIRCLE-04, NEW DELHI. VS. ASHISH KALRA, A-1/18, JANAKPURI, NEW DELHI PAN AIPPK0526N (APPELLANT) (RESPONDENT) DEPARTMENT BY: SHRI RAVI KANT GUPTA, SR. DR ASSESSEE BY : SHRI TARANDEEP SINGH, ADV. SHRI SHUBHAM GUPTA, CA DATE OF HEARING 31/07/2018 DATE OF PRONOUNCEMENT 31/07/2018 2 MONETARY LIMIT OF TAX EFFECT FOR NOT FILING APPEALS BEFO RE THE TRIBUNAL HAS BEEN REVISED TO RS. 20,00,000/-. 3. HAVING CONSIDERED THE RIVAL SUBMISSIONS AND THE MATERIAL AVAILABLE ON RECORD, INCLUDING THE ABOVE CIRCULAR, W E FIND THAT THE ABOVE CIRCULAR OF CBDT ON PECUNIARY LIMIT HAS BEEN I SSUED IN SUPERSESSION OF EARLIER CBDT CIRCULAR NO. 21 OF 201 5 DATED 10.12.2015, REVISING THE MONETARY LIMIT OF TAX EFFECT FROM RS. 10,00,000/- TO RS. 20,00,000/-. THESE INSTRUCTIONS OF CBDT HAVE NOW STATUTORY FORCE WITHIN THE PROVISIONS OF SECTION 268A AN D ARE MADE APPLICABLE TO THE PENDING APPEALS ALSO BY VIRTUE OF PA RA 13 OF THE CIRCULAR. THIS CIRCULAR CONTAINS CLEAR INSTRUCTIONS TO THE DEPARTMENT TO WITHDRAW OR NOT TO PRESS SUCH APPEALS FILED BEFORE THE ITAT WHEREIN TAX EFFECT INVOLVED DOES NOT EXCEED RS. 20,00,000/-. IT IS NOT THE CASE OF THE REVENUE THAT THE PRESENT APPEAL COMES WITHIN THE SWEEP OF EXCLUSION CLAUSES AS GIVEN IN PARA NO. 10 & 11 OF TH E SAID CIRCULAR. THUS, GOING BY THE PRESCRIPTION OF THE AFORE-NOTED CBD T INSTRUCTIONS, AND WITHOUT GOING INTO MERITS OF THE CASE, WE DISMISS TH E INSTANT APPEAL FILED BY THE REVENUE, BEING NOT MAINTAINABLE, AS THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS. 20.00 LACS. 4. IN THE RESULT, THE APPEAL OF THE REVENUE STANDS DISMI SSED AS INDICATED ABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON 31 ST JULY, 2018. SD/- SD/- (O.P. KANT) (AMIT SHUKLA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 31/07/2018 VEENA COPY FORWARDED TO 3 1. APPLICANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI