ITO, New Delhi V. Khosia Medical Institute, New Delhi

ITA 5388/DEL/2010

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 6967 (ITAT-DELHI)
• Duration Of Justice: 5 year(s) 7 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-07-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 10-01-2012
• Assessment Year: 2003-2004
• Appeal Filed On: 01-12-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANIMA BARNWAL
• Keywords: Retrospective amendment; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : FRIDAY/I - 2 NEW DELHI BEFORE SH. H.S. SIDHU , JUDICIAL M EMBER AND SH. O.P. KANT , ACCOUNTANT MEMBER ITA NO. 5388/DEL/2010 ASSESSMENT YEAR: 2003 - 04 INCOME TAX OFFICER (EXEMPTIONS) TRUST WARD - IV, NEW DELHI VS. M/S. KHOSLA MEDICAL INSTITUTE, 11, PRITHVI RAJ ROAD, NEW DELHI - 11. GIR/PAN : AAAAK0122G (APPELLANT) (RESPONDENT) APPELLANT BY SMT. ANIMA BARNWAL, SR.DR RESPONDENT BY NONE DATE OF HEARING 01.07.2016 DATE OF PRONOUNCEMENT 08.07.2016 ORDER PER O.P. KANT , A. M. : THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF LEARNED COMMISSIONER OF INCOME TAX(APPEALS), DATED 13.10.2010 IN RELATION TO ASSESSMENT YEAR 2003 - 04 , RAISING THE FOLLOWING GROUNDS OF APPEAL: I. ON THE FACTS & IN THE CIRCUMSTANCE S OF THE CASE, THE LEARNED COMMISSIONER OF INCOME TAX(APPEALS) ERRED IN ACCEPTING THE ASSESSEE S CLAIM THAT BOOKS OF ACCOUNTS HAVE BEEN MISPLACED DURING THE COURSE OF TRANSIT FROM ONE OFFICE TO ANOTHER LOCATION, HOWEVER, IT IS PERTINENT TO MENTION HERE THA T THE ASSESSEE HAS NOT EVER SPECIFIED AS TO DATE ON WHICH THE BOOKS OF ACCOUNT HAVE BEEN MISPLACED AND WHICH BOOKS OF ACCOUNTS/RECORDS HAVE BEEN GOT MISPLACED. EVEN DURING THE COURSE OF APPELLATE PROCEEDINGS, THE ASSESSEE HAS FAILED TO FURNISH SUCH DETAILS . II. ON THE FACTS & IN THE CIRCUMSTANCES OF THE CASE, THE LEARNED COMMISSIONER OF INCOME TAX(APPEALS) ERRONEOUSLY FAILED TO ADJUDICATE ON THE ISSUE OF VIOLATION OF SEC. 13(1)(D) R.W.S 11(5) OF THE ACT WHICH HAS RESULTED IN DENIAL OF BENEFITS OF SEC. 11&12. III. T HE APPELLANT CRAVES LEAVE TO ADD, TO ALTER OR AMEND ANY GROUND OF APPEAL RAISED ABOVE AT THE TIME OF HEARING. 2. NONE PRESENT ON BEHALF OF THE ASSESSEE. WE HAVE HEARD LEARNED DEPARTMENTAL REPRESENTATIVE AND PERUSED THE RELEVANT MATERIAL ON 2 ITA NO. 5388/DEL/2010 AY: 2003 - 04 RECORD . IT IS NOTICED THAT THE CBDT HAS ISSUED CIRCULAR NO. 21 OF 2015 DATED 10.12.2015 WITH RETROSPECTIVE EFFECT, REVISING THE MONETARY LIMIT TO RS.10,00,000/ - FOR NOT FILIN G APPEALS BEFORE THE TRIBUNAL. THE LD. SR. DEPARTMENTAL REPRESENTATIVE, ALTHOUGH SUPPORTED THE O RDER OF THE ASSESSING OFFICER, BUT COULD NOT CONTROVERT THE FACT THAT TAX EFFECT INVOLVED IN THE APPEAL IS LESS THAN RS.10,00,000/ - . 3. FROM PARA 10 OF THE ABOVE CIRCULAR, IT IS PALPABLE THAT THE INSTRUCTION IS APPLICABLE TO THE PENDING APPEALS ALSO WITH R ETROSPECTIVE EFFECT AND THERE IS A CLEAR - CUT DIRECTION TO THE DEPARTMENT TO WITHDRAW OR NOT PRESS SUCH APPEALS FILED BEFORE THE ITAT, WHEREIN TAX EFFECT IS LESS THAN RS.10,00,000/ - . GOING BY THE PRESCRIPTION OF THE AFORE - NOTED CIRCULAR, WE ARE OF THE VIEW THAT THE REVENUE SHOULD HAVE EITHER NOT FILED THE INSTANT APPEAL BEFORE THE TRIBUNAL OR WITHDRAWN THE SAME AS THE TAX EFFECT IN THIS APPEAL IS ADMITTEDLY LESS THAN THE PRESCRIBED LIMIT I.E. RS. 10,00,000/ - FOR NOT FILING THE APPEAL. ACCORDINGLY , WE DISMISS THE INSTANT APPEAL W ITHOUT GOING INTO MERITS OF THE CASE. 4. IN THE RESULT, THE APPEAL OF THE REVENUE STANDS DISMISSED. THE DECISION IS PRONOUNCED IN THE OPEN COURT ON 8 T H J U L Y , 2016 . S D / - S D / - ( H.S. SIDHU ) ( O.P. KANT ) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 8 T H J U L Y , 2016 . LAPTOP / - COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ASST. REGISTRAR, ITAT, NEW DELHI