ACIT, New Delhi V. Shiv Saran Chand Ved Prakash, New Delhi

ITA 5449/DEL/2013

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 8205 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 6 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-04-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 04-04-2016
• Assessment Year: 2005-2006
• Appeal Filed On: 04-10-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANIMA BARNWAL
• Keywords: Tax effect
• Section: 6

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH G NEW DELHI) BEFORE SHRI I.C. SUDHIR AND SHRI O.P. KANT ITA NO S . 5449 & 5450 /DEL/201 3 ASSESSMENT YEAR S : 200 5 - 0 6 & 2006 - 07 ACIT, VS. SHIV SARAN CHAND VED CENTRAL C IRCE - 0 3 , PRAKASH, NEW DELHI. 2042 - KATRA TOBACCO, , KHARI BAOLI, NEW DELHI. (PAN: AA PFS4149B ) (APPELLANT) (RESPONDENT) CROSS OBJECTION NOS. 127 & 128/DEL/2014 ( IN ITA NOS. 5449 & 5450/DEL/2013) ASSESSMENT YEARS: 2005 - 06 & 2006 - 07 SHIV SARAN CHAND VED VS. ACIT, PRAKASH, CENTRAL CIRCLE - 03, 2042 - KATRA TOBACCO, , NEW DELHI. KHARI BAOLI, NEW DELHI. (PAN: AAPFS4149B) (APPELLANT) (RESP ONDENT) ASSESSEE BY: SHRI S URESH KUMAR GUPTA, ADV . DEPARTMENT BY: S MT. ANIMA BARNWAL, SR. DR DATE OF HEARING : 1 3 . 0 4 .201 6 DATE OF PRONOUNCEMENT: 2 8 : 0 4 .201 6 ORDER P ER I.C. SUDHIR : JUDICIAL MEMBER AT THE OUTSET OF HEARING, THE LEARNED AR RAISED A PRELIMINARY OBJECTION THAT THE ABOVE TWO APPEALS PREFERRED BY THE REVENUE HAVING TAX EFFECT BELOW RS.10 LACS ARE NOT MAINTAINABLE SINCE THESE APPEALS HAVE BEEN PREFERRED IN VIOLATION OF CBDT CIRCULAR NO. 21/2015 DATED 10.12.2015 . HE 2 SUBMITTED FURTHER THAT IF THESE APPEALS OF THE REVENUE ARE DISMISSED THEN THE ASSESSEE WILL NOT PRESS THE CROSS OBJECTIONS FILED BY THE ASSESSEE. 2. THE LEARNED SENIOR DR DID NOT DISPUTE THAT EA CH OF THE ABOVE APPEALS PREFERRED BY THE REVENUE IS HAVING TAX EFFECT BELOW RS. 10 LACS. 3. HAVING GONE THROUGH THE GROUNDS OF APPEALS PREFERRED BY THE REVENUE, WE FIND SUBSTANCE IN THE PRELIMINARY OBJECTION RAISED BY THE LEARNED AR AND HOLD THAT EACH OF THESE APPEALS HAVING TAX EFFECT BELOW RS.10 LACS HAS BEEN PREFERRED BY THE REVENUE IN VIOLATION OF CBDT CIRCULAR NO. 21/2015 DATED 10.12.2015 HAVING STATUTORY FORCE UNDER SEC. 268A OF THE INCOME - TAX ACT, 1961 ARE NOT MAINTAINABLE AND ARE DISMISSED AS SUCH. IN VIEW OF THIS FINDING, AS SUBMITTED ABOVE BY THE LEARNED AR, THE CROSS OBJECTIONS PREFERRED BY THE ASSESSEE ARE DISMISSED AS NOT PRESSED. 4. IN RESULT, BOTH THE APPEALS AND CROSS OBJECTIONS ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 28 . 0 4 . 201 6 S D/ - SD/ - ( O.P . K A NT ) ( I.C. S UDHIR ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 28 / 0 4 /201 6 MOHAN LAL 3 COPY FORWARDED TO: 1) APPELLANT 2) RESPONDENT 3) CIT 4) CIT(APPEALS) 5) DR:ITAT ASSISTANT REGISTRAR DATE DRAFT DICTATED DIRECTLY ON COMPUTER 2 8 . 0 4 .201 6 DRAFT PLACED BEFORE AUTHOR 28 . 0 4 .2016 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. 2 8 .04 .2016 APPROVED DRAFT COMES TO THE SR.PS/PS 2 8 . 0 4 .2016 KEPT FOR PRONOUNCEMENT ON 2 8 .04 .2016 FILE SENT TO THE BENCH CLERK 2 9 . 0 4 .2016 DATE ON WHICH FILE GOES TO THE AR DATE ON WHICH FILE GOES TO THE HEAD CLERK. DATE OF DIS PATCH OF ORDER.