DCIT, Rohtak V. Shri Prem Kumar Gupta, Haryana

ITA 5503/DEL/2015

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 7619 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 7 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-04-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2010-2011
• Appeal Filed On: 15-09-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SHALINI VERMA
• Assessee Lawyers: NAVEEN GUPTA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : B : NEW DELHI BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND SHRI KULDIP SINGH, JUDICIAL MEMBER ITA NO.5503/DEL/2015 ASSESSMENT YEAR: 2010-11 DCIT, CIRCLE ROHTAK, AAYAKAR BHAWAN, ROHTAK. VS. PREM KUMAR GUPTA, PROP. M/S BELCO PHARMA, 515, MIE, BAHADURGARH, HARYANA. PAN: ACRPG5722G (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI NAVEEN GUPTA, ADVOCATE REVENUE BY : SMT. SHALINI VERMA, SR.DR DATE OF HEARING : 24.04.2019 DATE OF PRONOUNCEMENT: 24 .04.2019 ORDER PER R.K. PANDA, AM: THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 6 TH JULY, 2015 OF THE CIT(A), ROHTAK, RELATING TO ASSESSMENT YEAR 201 0-11. 2. THE LD. COUNSEL FOR THE ASSESSEE, AT THE OUTSE T, SUBMITTED THAT THE TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE IS BE LOW RS.20 LAC. THEREFORE, IN VIEW OF THE RECENT CBDT CIRCULAR NO.03/2018 DATED 11 TH JULY, 2018, WHICH IS APPLICABLE EVEN TO PENDING APPEALS, THE APPEAL FILED BY THE RE VENUE IS NOT MAINTAINABLE AND HAS ITA NO.5503/DEL/2015 2 TO BE DISMISSED. THE LD. DR FAIRLY CONCEDED THAT T HE TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE IS, ADMITTEDLY, BELOW RS.20 L AKHS. 3. WE HAVE HEARD THE RIVAL ARGUMENTS MADE BY BOTH T HE SIDES AND NOTE THAT TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENU E IS RS.19,11,624/- WHICH IS BELOW THE PRESCRIBED LIMIT OF RS.20 LAKHS. WE, THEREFORE, FIND THAT THE PRESENT APPEAL IS NOT MAINTAINABLE IN VIEW OF THE CBDT CIRCULAR NO.03/201 8 DATED 11 TH JULY, 2018 WHICH IS APPLICABLE EVEN TO PENDING APPEALS. HOWEVER, IF TH E REVENUE, AT ANY POINT OF TIME, FINDS THAT THE CASE OF THE REVENUE FALLS UNDER ANY OF THE CLAUSES AS PER AMENDED PARA 10 OF THE SAID CIRCULAR, VIDE NOTIFICATION DATED 20 TH AUGUST, 2018, THE REVENUE IS AT LIBERTY TO FILE MISCELLANEOUS APPLICATION FOR REVIV AL OF THE APPEAL. THE APPEAL FILED BY THE REVENUE IS, ACCORDINGLY, DISMISSED. 4. IN THE RESULT, THE APPEAL FILED BY THE REV ENUE IS DISMISSED. THE DECISION WAS PRONOUNCED IN THE OPEN COURT ON 2 4.04.2019 AT THE TIME OF HEARING. SD/- SD/- (KULDIP SINGH) (R. K. PANDA) JUDICIAL MEMBER ACCOUNTANT MEMF BER DATED: 24 TH APRIL, 2019 DK ITA NO.5503/DEL/2015 3 COPY FORWARDED TO 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ASSTT. REGISTRAR, ITAT, NEW DELHI