ACIT, New Delhi V. M/s. APPL Industries Ltd., New Delhi

ITA 5515/DEL/2011

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 6580 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 2 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-03-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2008-2009
• Appeal Filed On: 08-12-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S C ANURAGI
• Assessee Lawyers: SANKLAP SHARMA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH A NEW DELHI BEFORE SHRI S.V. MEHROTRA : ACCOUNTANT MEMBER AND SHRISUDHANSHU SRIVASTAVA : JUDICIAL MEMBER ITA NOS. 5515/DEL/2011 & 4904/DEL/2012 ASSTT. YRS: 2008-09 & 2009-10 ACIT CIRCLE 2(1), VS. APPL INDUSTRIES LTD., NEW DELHI. D-114, MANSAROVER GARDEN, NEW DELHI. PAN: AAFCA 1026 J ( APPELLANT ) (RESPONDENT) APPELLANT BY : SHRI S.C. ANURAGI DR ASSESSEE BY : SHRI SANKLAP SHARMA ADV. DATE OF HEARING : 18/02/2016. DATE OF ORDER : 01/03/2016. O R D E R PER S.V. MEHROTRA, A.M: THESE ARE REVENUES APPEALS AGAINST SEPARATE ORDE RS DATED 29.9.2011 & 17.7.2012, PASSED BY THE LD. CIT(A)-V, NEW DELHI, RELATING TO A.Y. 2008-09 AND 2009-10 RESPECTIVELY. 3. LD. CIT(DR) AT THE OUTSET SUBMITTED THAT, PRIMA FACIE, THE TAX EFFECT INVOLVED IN THE PRESENT APPEALS IS LESS THAN RS. 10 LAKHS. THEREFORE, IN TERMS OF CBDT CIRCULAR NO. 21/2015 DATED 10.12.2015, STI PULATING THAT THE DEPARTMENTAL APPEAL, INVOLVING TAX EFFECT BELOW RS .10 LAKHS, SHALL NOT BE FILED BEFORE THE ITAT AND FURTHER THAT SUCH INSTRUC TION WOULD APPLY RETROSPECTIVELY AND THE PENDING APPEALS BELOW THE S PECIFIED TAX LIMIT OF RS.10 LAKH MAY BE WITHDRAWN/NOT PRESSED, THE DEPART MENT MAY BE ALLOWED TO 2 ITA 5515/D/2011 & 4904/DEL/2012 WITHDRAW THE APPEALS, PROVIDED THAT IT SHOULD NOT B E CONSIDERED AS A PRECEDENT IN THE SUBSEQUENT YEARS OF THE ACCEPTANCE OF ISSUES INVOLVED IN THESE APPEALS AND, THEREFORE, IF IN THE SUBSEQUENT YEAR SIMILAR ISSUE ARISES BEFORE THE ITAT, WHERE THE APPEAL IS ABOVE THE TAX LIMIT, AS PRESCRIBED IN THE BOARDS CIRCULAR, THE SAME SHOULD BE DECIDED ON MER ITS. 4. AFTER HEARING THE LD. CIT(DR) THE DEPARTMENTAL APPEALS ARE ALLOWED TO BE WITHDRAWN IN TERMS OF BOARDS CIRCULAR, REFERRED TO ABOVE. 5. IN THE RESULT, REVENUES APPEALS STAND DISMISSED , HAVING BEEN WITHDRAWN. ORDER PRONOUNCEMENT IN OPEN COURT ON 01/03/2016. SD/- SD/- (SUDHANSHU SRIVASTAVA) (S.V. MEHROTRA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 01/03/2016. *MP* COPY OF ORDER TO: 1. ASSESSEE 2. AO 3. CIT 4. CIT(A) 5. DR, ITAT, NEW DELHI.