ACIT, New Delhi V. Sh. Praveen Bakshi, New Delhi

ITA 5454/DEL/2016

• Counselvise Citation: [2019] 114 COUNSELVISE.COM (IT) 6218 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-11-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2008-2009
• Appeal Filed On: 21-10-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S N MEENA
• Keywords: Tax effect

Judgement Text

ACIT-CC-1(1) PANAJI- GOA PATTAO PLAZA, PANAJI V. VE DANTA LTD. (EARLIER THESE WERE KNOWN AS M/S. SESA GOA LTD. AND THE MADRAS ALLUMINIUM R ESPECTIVELY]/ I.T.A.NO. 172 & 111 /PAN/2017/A.Y.:0 9-10 & 12-13 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH F NEW DELHI BEFORE MS. SUCHITRA KAMBLE, JUDICIAL MEMBER AND SHRI O.P.MEENA, ACCOUNTANT MEMBER . . /. I.T.A NO.5454 & 5455/DEL/2016 / ASSESSMENT YEAR:2008-09 & 2009-10 ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 17, ROOM NO. 103, FIRST FLOOR, HALL NO. 1, A R A CENTRE , E-2 JHANDEWALAN NEW DELHI 110 015 VS. SHRI PRAVEEN BAKSHI, (A) 1 - 107A, KIRTI NAGAR, NEW DELHI (B) C/O A. K CHOPRA & CO. CA`S , 26/1A, 2 ND FLOOR ASHOK NAGAR NEW DELHI PAN: AFAPB 9843 B APPELLANT / RESPONDENT /ASSESSEE BY SHRI ANIL CH O PRA , CA /REVENUE BY SHRI S .N. MEENA, SR. D.R. / DATE OF HEARING: 1 9 .11.2019 /PRONOUNCEMENT ON 19 .11.2019 /O R D E R PER O. P. MEENA, AM: 1. THE ABOVE TWO ARE FILED BY THE REVENUE, WHICH ARE D IRECTED AGAINST SEPARATE THE ORDERS OF LEARNED COMMISSIONER OF INCO ME TAX (APPEALS)-34 NEW DELHI, DATED 19.07.2016 & 19.07.2016 FOR ASSE SSMENT YEAR 2008-09 AND ASSESSMENT YEAR 2009-10 RESPECTIVELY. 2. WE HAVE HEARD THE PARTIES AND PERUSED THE MATERIAL AVAILABLE ON RECORD AND FIND THAT TAX EFFECT INVOLVED IN THESE A PPEALS IS BELOW RS.50 LAKHS. THE LD. DR ALSO DID NOT DISPUTE THIS FACT. W E FIND THAT THE CBDT VIDE CIRCULAR NO.17/2019 DATED 8 TH AUGUST 2019 [F.NO.279/ MISC.142/ 2007-ITJ (PT)] BY AMENDING PARA 3 OF CBDT CIRCULAR NO.3/2018 DATED 11.07.2018 HAS ENHANCED THE MONETARY LIMIT FOR FILING OF APPEAL BE FORE TRIBUNAL TO RS.50 ACIT-CC-1(1) PANAJI- GOA PATTAO PLAZA, PANAJI V. VE DANTA LTD. (EARLIER THESE WERE KNOWN AS M/S. SESA GOA LTD. AND THE MADRAS ALLUMINIUM R ESPECTIVELY]/ I.T.A.NO. 172 & 111 /PAN/2017/A.Y.:0 9-10 & 12-13 PAGE 2 OF 2 LAKHS AND HAS ALSO REMOVED THE ANOMALY IN PARA 5 OF SAID CIRCULAR NO. 3/2018. WE FIND THAT THE PRESENT CASE DOES NOT FALL WITHIN THE EXCEPTIONS CLAUSE 10 OF SAID CBDT CIRCULAR NO. 3/2018. THEREFO RE, THE PRESENT APPEAL IS NOT MAINTAINABLE AS PER ABOVE CIRCULAR NO. 17/20 19, HENCE DISMISSED. THIS CIRCULAR IS APPLICABLE TO ALL PENDING APPEALS AS CLARIFIED BY CBDT LETTER DATED 20.08.2019 [F. NO. 279/MISC./M-93/2018-ITJ] A ND IN THE LIGHT OF JUDGEMENT OF HON`BLE SUPREME COURT IN THE CASE OF P R. CIT, JAIPUR V. MEENAKSHI MODI SLP (CIVIL) DIARY NO. 25076 OF 2019- DATED 16.08.2019 WHEREIN THE HON`BLE SUPREME COURT HAS DISMISSED THE APPEAL OF REVENUE, AS TAX INVOLVED WAS LESS THAN RS. 2 CRORES. HOWEV ER, THE REVENUE IS AT LIBERTY TO APPROACH TO THIS TRIBUNAL FOR RECALLING THIS ORDER, IF IT IS COMES TO THE NOTICE OF THE AO THAT THE TAX EFFECT IS MORE THAN THE MONETARY LIMIT PROVIDED UNDER ABOVE CIRCULAR OR THE APPEALS IS FAL L WITHIN AMBIT OF THE EXCEPTIONS PROVIDED UNDER THE SAID CIRCULAR. 3. IN THE RESULT, THE APPEAL OF THE REVENUE FOR BOTH A SSESSMENT YEAR 2009-10 AND 2012-13 ARE STANDS DISMISSED. 4. THE ORDER PRONOUNCED IN THE OPEN COURT ON 19.11.20 19 SD/- SD/- (SUCHITRA KAMBLE) (O.P.MEENA) JUDICIAL MEMBER AC COUNTANT MEMBER DATED: 19 TH NOVEMBER, 2019/OPM COPY OF ORDER SENT TO- ASSESSEE/AO/PR. CIT/ CIT (A) / ITAT (DR)/GUARD FILE OF ITAT. BY ORDER / / TRUE COPY / / ASSISTANT REGISTRAR, ITAT: DELHI BENCHES-DELHI