ACIT, New Delhi V. Sh. Vinod Kashyap, New Delhi

ITA 5490/DEL/2014

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 7191 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 8 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-06-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC 1
• Next Hearing Date: 21-06-2016
• Assessment Year: 2004-2005
• Appeal Filed On: 10-10-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Retrospective amendment; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : SMC-I : NEW DELHI BEFORE SHRI R.S. SYAL, ACCOUNTANT MEMBER ITA NO.5490/DEL/2014 ASSESSMENT YEAR : 2004-05 ACIT, CENTRAL CIRCLE-17, NEW DELHI. VS. VINOD KASHYAP, B-7, SOAMI NAGAR, NEW DELHI. PAN: AGDPK0398Q CO NO.145/DEL/2015 (ITA NO.5490/DEL/2014) ASSESSMENT YEAR : 2004-05 VINOD KASHYAP, B-7, SOAMI NAGAR, NEW DELHI. PAN: AGDPK0398Q VS. ACIT, CENTRAL CIRCLE-17, NEW DELHI (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI MOHIT JAIN, CA. DEPARTMENT BY : SHRI DEEPAK GARG, SR. DR DATE OF HEARING : 21.06.2016 DATE OF PRONOUNCEMENT : 21.06.2016 ORDER THIS APPEAL BY THE REVENUE AND THE CROSS OBJECTION BY THE ASSESSEE ARISE OUT OF THE ORDER PASSED BY THE C IT(A) ON 21.7.2014 IN RELATION TO THE ASSESSMENT YEAR 2004-0 5. ITA NO.5490/DEL/2014 CO NO.145/DEL/2015 2 2. I HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED T HE RELEVANT MATERIAL ON RECORD. I FIND THAT PURSUANT T O THE MANDATE OF SECTION 268A, THE CBDT HAS ISSUED CIRCULAR NO. 2 1 OF 2015 DATED 10.12.2015 WITH RETROSPECTIVE EFFECT, REVISIN G THE MONETARY LIMIT TO RS.10,00,000/- FOR NOT FILING APP EALS BEFORE THE TRIBUNAL. I FURTHER FIND THAT AS THE TAX EFFEC T INVOLVED IN THE INSTANT APPEAL IS LESS THAN RS.10,00,000/-, THE EXTANT APPEAL IS NOT MAINTAINABLE. THE LD. D.R., ALTHOUGH SUPPOR TED THE ORDER OF THE ASSESSING OFFICER, BUT COULD NOT CONTR OVERT THE FACT THAT TAX EFFECT INVOLVED IN THIS APPEAL IS LES S THAN RS.10,00,000/-. 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, I A M OF THE VIEW ITA NO.5490/DEL/2014 CO NO.145/DEL/2015 3 THAT THE REVENUE SHOULD HAVE EITHER NOT FILED THE I NSTANT APPEAL BEFORE THE TRIBUNAL OR WITHDRAWN THE SAME AS THE TA X EFFECT IN THIS APPEAL IS ADMITTEDLY LESS THAN THE PRESCRIBED LIMIT FOR NOT FILING THE APPEALS. EX CONSEQEUNTI I DISMISS THE INSTANT APPEAL WITHOUT GOING INTO MERITS OF THE CASE. 4. THE CROSS OBJECTION FILED BY THE ASSESSEE IS DIS MISSED AS HAVING BECOME INFRUCTUOUS, AS ADMITTED BY THE LD. A R. 5. IN THE RESULT, THE APPEAL OF THE REVENUE AS WELL AS THE CROSS OBJECTION OF THE ASSESSEE STAND DISMISSED. THE ORDER PRONOUNCED IN THE OPEN COURT ON 21.06.20 16. SD/- [R.S. SYAL] ACCOUNTANT MEMBER DATED, 21 ST JUNE, 2016. DK ITA NO.5490/DEL/2014 CO NO.145/DEL/2015 4 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR, ITAT AR, ITAT, NEW DELHI.