DCIT, New Delhi V. M/s. J.S. Overseas Pvt. Ltd., New Delhi

ITA 5515/DEL/2015

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 7216 (ITAT-DELHI)
• Duration Of Justice: 11 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-08-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC 2
• Next Hearing Date: 04-08-2016
• Assessment Year: 2010-2011
• Appeal Filed On: 16-09-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANIMA BA RANWAL
• Assessee Lawyers: SURINDER KUMAR
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: SMC-2 NEW DELHI BEFORE SMT DIVA SINGH, JUDICIAL MEMBER I.T.A .NO.-551 5/DEL/2015 (ASSESSMENT YEAR- 2010-11) DCIT, CIRCLE-13(1), ROOM NO.316A, C.R.BUILDING, NEW DELHI. (APPELLANT) VS J.S.OVERSEAS PVT.LTD., D-194, 1 ST FLOOR, OKHLA INDUSTRIAL AREA-1, NEW DELHI-110020. PAN-AAACJ5251D (RESPONDENT) APPELLANT BY MS. ANIMA BARANWAL, SR.DR RESPONDENT BY SH. SURINDER KUMAR, FCA ORDER THE PRESENT APPEAL HAS BEEN FILED BY THE REVENUE AS SAILING THE CORRECTNESS OF THE ORDER DATED 20.07.2015 OF CIT(A)-5, DELHI PE RTAINING TO 2010-11 ASSESSMENT YEAR. 2. IT WAS A COMMON STAND OF THE PARTIES BEFORE THE BENCH THAT THE TAX EFFECT IN THE PRESENT APPEAL IS WELL BELOW RS.10 LAKH. I HAV E CONSIDERED THE MATERIAL AVAILABLE ON RECORD. I FIND THAT THE APPEAL HAS BEE N PREFERRED BY THE REVENUE IN VIOLATION OF CIRCULAR NO.21/2015 DATED 10TH DECEMBE R, 2015 OF CBDT. BY THE AFORESAID CIRCULAR THE PECUNIARY LIMIT FOR FILING T HE APPEAL BEFORE THE ITAT HAS BEEN PRESCRIBED BEYOND RS.10 LAKH. PARA 3 OF THE AFORES AID CIRCULAR HAS BEEN MADE APPLICABLE VIDE PARA 10 RETROSPECTIVELY. CONSIDERI NG THE SETTLED LEGAL PRECEDENT THAT THE BOARDS INSTRUCTIONS OR DIRECTIONS ISSUED TO THE INCOME TAX AUTHORITIES U/S 268A OF THE INCOME TAX ACT, 1961 ARE BINDING ON THE AUTHORITIES, I HOLD THAT THE APPEAL IS NON-MAINTAINABLE. 3. IN VIEW OF THE ABOVE DISCUSSION, THE PRESENT APP EAL PREFERRED BY THE REVENUE IN VIOLATION OF CBDT CIRCULAR NO.21/2015 (CITED SUP RA) IS NOT MAINTAINABLE AND HENCE, THE SAME IS DISMISSED AS SUCH MAKING IT CLEA R THAT SINCE THE PRESENT DATE OF HEARING 05.08.2016 DATE OF PRONOUNCEMENT 30.08.2016 I.T.A .NO.-5515/DEL/2015 PAGE 2 OF 2 APPEAL HAS NOT BEEN DISPOSED OF ON MERITS, BUT DUE TO THE ABOVE REASON, THIS ORDER WILL NOT HAVE ANY JUDICIAL PRECEDENCE. ACCORDINGLY, THE APPEAL OF THE REVENUE IS DISMISSED AS NON-MAINTAINABLE. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 30 TH AUGUST, 2016. SD/- (DIVA SINGH) JUDICIAL MEMBER *AMIT KUMAR* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSI STANT REGISTRAR ITAT NEW DELHI