DCIT, New Delhi V. Xoil Ltd., New Delhi

ITA 5395/DEL/2015

• Counselvise Citation: [2016] 121 COUNSELVISE.COM (IT) 2848 (ITAT-DELHI)
• Duration Of Justice: 4 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-01-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: H
• Next Hearing Date: 20-01-2016
• Assessment Year: 2012-2013
• Appeal Filed On: 01-09-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAM BILASH MEENA
• Assessee Lawyers: SHAMIT GOYAL
• Keywords: Retrospective amendment; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : H : NEW DELHI BEFORE SHRI R.S. SYAL, AM & SMT. BEENA A. PILLAI, JM ITA NOS.5389 TO 5395/DEL/2015 ASSESSMENT YEARS : 2006-07 TO 2012-13 DCIT, CENTRAL CIRCLE-19, ROOM NO.104, ARA CENTRE, E-2, JHANDEWALAN EXTN., NEW DELHI. VS. XOIL LTD., C/O MR. ASEEM CHAWLA, ADVOCATE, E-200, GREATER KAILASH-I, NEW DELHI. PAN: AAACX1701E CO NOS.12 TO 18/DEL/2016 (ITA NOS.5389 TO 5395/DEL/2015) ASSESSMENT YEARS : 2006-07 TO 2012-13 XOIL LTD., C/O MOHINDER PURI & CO., SOLICITORS & ADVOCATES, IF, VANDANA, 11, TOLSTOY MARG, NEW DELHI. PAN: AAACX1701E VS. DCIT, CENTRAL CIRCLE-19, ROOM NO.104, ARA CENTRE, E-2, JHANDEWALAN EXTN., NEW DELHI. (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI SHAMIT GOYAL, CA DEPARTMENT BY : SHRI RAM BILASH MEENA, CIT, DR DATE OF HEARING : 20.01.2016 DATE OF PRONOUNCEMENT : 20.01.2016 ITA NOS.5389 TO 5395/DEL/2015 CO NOS.12 TO 18/DEL/2016 2 ORDER PER BENCH: THESE SEVEN APPEALS BY THE REVENUE AND EQUAL NUMBER OF CROSS OBJECTIONS BY THE ASSESSEE RELATE TO THE ASS ESSMENT YEARS 2006-07 TO 2012-13. 2. DURING THE COURSE OF HEARING, THE LD. AR SUBMITT ED THAT PURSUANT TO THE MANDATE OF SECTION 268A, THE CBDT H AS ISSUED CIRCULAR NO. 21 OF 2015 DATED 10.12.2015 WITH RETRO SPECTIVE EFFECT, REVISING THE MONETARY LIMIT TO RS.10,00,000 /- FOR NOT FILING APPEALS BEFORE THE TRIBUNAL. HE FURTHER SUB MITTED THAT AS THE TAX EFFECT INVOLVED IN THE INSTANT APPEALS F ILED BY THE REVENUE IS LESS THAN RS.10,00,000/- EACH, THE SAME ARE NOT MAINTAINABLE. THE LD. D.R., ALTHOUGH SUPPORTED THE ORDERS OF THE ASSESSING OFFICER, BUT COULD NOT CONTROVERT THE FACT THAT TAX EFFECT INVOLVED IN THESE APPEALS IS LESS THAN RS.10 ,00,000/- EACH. ITA NOS.5389 TO 5395/DEL/2015 CO NOS.12 TO 18/DEL/2016 3 3. FROM PARA 10 OF THE ABOVE CIRCULAR IT IS PALPABL E THAT THE INSTRUCTION IS APPLICABLE TO THE PENDING APPEALS AL SO WITH RETROSPECTIVE EFFECT AND THERE IS A CLEAR-CUT DIREC TION TO THE DEPARTMENT TO WITHDRAW OR NOT PRESS SUCH APPEALS FI LED BEFORE THE ITAT WHEREIN TAX EFFECT IS LESS THAN RS.10,00,0 00/-. GOING BY THE PRESCRIPTION OF THE AFORENOTED CIRCULAR, WE ARE OF THE VIEW THAT THE REVENUE SHOULD HAVE EITHER NOT FILED THE INSTANT APPEALS BEFORE THE TRIBUNAL OR WITHDRAWN THE SAME A S THE TAX EFFECT IN THESE APPEALS IS ADMITTEDLY LESS THAN THE PRESCRIBED LIMIT FOR NOT FILING THE APPEALS. EX CONSEQEUNTI WE DISMISS THE INSTANT APPEALS WITHOUT GOING INTO MERITS OF TH E CASE. 4. THE CROSS OBJECTIONS FILED BY THE ASSESSEE WE RE NOT PRESSED BY THE LD. AR. THE SAME ARE ALSO DISMISSED. ITA NOS.5389 TO 5395/DEL/2015 CO NOS.12 TO 18/DEL/2016 4 5. IN THE RESULT, THE APPEALS OF THE REVENUE AND CO S OF THE ASSESSEE STAND DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 20.01.2016. SD/- SD/- [BEENA A. PILLAI] [R.S. SYAL] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED, 20 TH JANUARY, 2016. DK COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR, ITAT AR, ITAT, NEW DELHI.