ACIT, New Delhi V. Shri Mohd. Shah Alam, New Delhi

ITA 5450/DEL/2011

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 7071 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 1 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-02-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Next Hearing Date: 22-12-2015
• Assessment Year: 2008-2009
• Appeal Filed On: 05-12-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P DAM KANUNJNA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH E , NEW DELHI BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER AND SH. SUDHANSHU SRIVASTAVA , JUDICIAL MEMBER ITA NO. 5450 /DEL/201 1 AY: 200 8 - 09 ACIT, CIRCLE 36(1) VS. MOHD. SHAH ALAM NEW DELHI SHOP NO.4, ROYAL PLACE COMPLEX LAXMI NAGAR NEW DELHI 110 092 PAN: AFGPA 6024 F CROSS OBJECTION NO.1 0 /DEL/1 2 (IN ITA 5450 /DEL/201 1 ) A.Y. 200 8 - 09 MOHD. SHAH ALAM VS. ACIT, CIRCLE 36(1) NEW DELHI NEW DELHI (APPELLANT) (RESPONDENT) APPELLANT BY : SH. P . DAM KANUNJNA, SR.D.R. RESPONDENT BY : NONE ORDER PER J.SUDHAKAR REDDY, ACCOUNTANT MEMBER THIS IS AN APPEAL FILED BY THE REVENUE DIRECTED AGAINST THE ORDER DT. 12.09.2011 OF LD.CIT(A) - XXV II , NEW DELHI FOR ASSESSMENT YEAR 200 8 - 09 . THE ASSESSEE HAS FILED A CROSS OBJECTION. 1.1. THE TAX EFFECT IN THIS APPEAL BY THE REVENUE DOES NOT EXCEED THE MONETARY LIMIT OF RS.10 LAKHS SPECIFIED IN RECENT CBDT CIRCULAR NO.21/2015 DATED 10 TH DECEMBER,2015, F. NO. 279/MISC./142/2007 - ITJ(PT.) READ WITH S.268 A OF THE INCOME TAX ACT 1961. FURTHER IN THIS CBDT CIRCULAR, AT PARA ITA NO. 5450 /DEL/1 1 C.O. NO. 1 0 /DEL/1 1 A.Y. 200 8 - 09 MOHD. SHAH ALAM . 2 10 IT IS SPECIFIED THAT THE INSTRUCTION WILL APPLY RETROSPECTIVELY, TO ALL PENDING APPEALS. 2. THE LD.D.R. COULD NOT CONTROVERT THE FACT THAT THE TAX EFFECT ON THE QUANTUM OF INCOME IN DISPUTE IS BELOW THE MONETARY LIMIT OF RS.10,00,000/ - (TEN LAKHS ONLY). 2.1. HENCE WE DISMISS THIS APPEAL FILED BY THE REVENUE ON THE GROUND THAT THE TAX EFFECT IN THE PRESENT APPEAL DOES NOT EXCEED THE MONETARY LIMIT SPECIFIED BY THE CBDT CIRCULAR NO.21/2015 DATED 10 TH DECEMBER,2015, F. NO. 279/MISC./142/2007 - ITJ(PT.) READ WITH S.268 A OF THE INCOME TAX ACT 1961, AND HENCE NOT MAINTAINABLE. 2.2 . IN CASE THERE IS A MISTAKE IN THE CALCULATION OR IF THE CASE IS COVERED BY ANY OF THE EXCEPTION SPECIFIED IN THE CIRCULAR THE REVENUE MAY FILE A MISC. APPLICATION U/S 254(2) OF THE INCOME TAX ACT 1961 POINTING OUT THE MISTAKE AND IF THE BENCH IS CONVINCED OF THE MISTAKE, THIS ORDER WILL BE RECALLED AND THE APPEAL RESTORED FOR FRESH DISPOSAL ON MERITS. 3. SINCE WE HAVE DISMISSED THE REVENUE S APPEA L, THE C.O. FILED BY THE ASSESSEE HAS BECOME INFRUCTUOUS AND IS DISMISSED AS SUCH. 4. IN THE RESULT THE REVENUE S APPEAL AS WELL AS THE ASSESSEE S CROSS OBJECTION BOTH ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 03 RD FEBRUARY, 2016 . SD/ - SD/ - ( SU DHANSHU SRIVASTAVA ) (J. SUDHAKAR REDDY) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: THE 03 RD FEBRUARY, 2016 MANGA ITA NO. 5450 /DEL/1 1 C.O. NO. 1 0 /DEL/1 1 A.Y. 200 8 - 09 MOHD. SHAH ALAM . 3 COPY FORWARDED TO: - 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(A) 5 . DR, ITAT TRUE COPY BY ORDER, ASSISTANT REGISTRAR