ACIT, CIRCLE- 14(2), NEW DELHI V. K L CONCAST PVT. LTD., NEW DELHI

ITA 5525/DEL/2017

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 1020 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 2 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-11-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2013-2014
• Appeal Filed On: 30-08-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NAINA SOIN KAPIL
• Keywords: Tax effect

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI D BENCH, NEW DELHI BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER, AND SHRI KULDIP SINGH, JUDICIAL MEMBER ITA NO. 5525 / DEL/201 7 [ASSESSMENT YEAR : 2013 - 14 ] THE A .C.I.T VS. M/S K.L. CONCAST PVT. LTD CIRCLE 1 4(2) Z - 18, LOHA MANDI NARAINA NEW DELHI NEW DELHI PAN : AAACK 0329 B CO NO. 219 /DEL/201 7 A/O ITA NO. 5525 /DEL/201 7 [ASSESSMENT YEAR : 2013 - 14 ] M/S K.L. CONCAST PVT. LTD VS. THE A.C.I.T Z - 18, LOHA MANDI NARAINA CIRCLE 1 4(2) NEW DELHI NEW DELHI PAN : AAACK 0329 B [APPELLANT] [RESPONDENT] D ATE OF HEARING : 2 7 . 11 .201 8 DATE OF PRONOUNCEMENT : 2 9 .11 .2018 ASSESSEE BY : NONE REVENUE BY : SMT. NAINA SOIN KAPIL , SR. DR ORDER PER N.K. BILLAIYA, AM: - TH IS APPEAL BY THE REVENUE AND CROSS OBJECTION BY THE ASSESSEE ARE PREFERRED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX 2 [APPEALS] 5 , DELHI DATED 3 0 . 0 6 .201 7 PERTA INING TO ASSESSMENT YEAR 2013 - 14 . 2. THE SOLE GRIEVANCE OF THE REVENUE IS THAT THE CIT(A) ERRED IN DELETING THE ADDITION AMOUNTING TO RS. 39.60 LAKHS . 3. THE GRIEVANCE OF THE ASSESSEE ITSELF SHOWS THAT THE TAX EFFECT IS LESS THAN RS. 20 LAKHS. TH IS APPEAL BY THE REVENUE HA S TO BE DISMISSED IN THE LIGHT OF THE CBDT CIRCULAR NO. 3/2018 DATED 11.07.2018 BY WHICH THE BOARD HAS REVISED THE MONETARY LIMIT FOR FIL ING OF APPEALS BY THE DEPARTMENT BEFORE THE ITAT AND THE MONETARY LIMIT HAS BEEN FIXED AT RS. 20 LAKHS. THE BOARD AT CLAUSE 13 OF THE SAID CIRCULAR HAS CLARIFIED AS UNDER: THIS CIRCULAR WILL APPLY TO SLPS/APPEALS/CROSS OBJECTIONS/REFERENCES TO BE FILED H ENCEFORTH IN SUPREME COURT/HIGH COURT/TRIBUNAL AND IT SHALL ALSO APPLY RETROSPECTIVELY TO PENDING SLPS/APPEALS/CROSS OBJECTIONS/ REFERENCES. THE PENDING APPEALS BELOW THE SPECIFIED TAX LIMIT IN PARA 3 ABOVE MAY BE WITHDRAWN/NOT PRESSED. 3 3. IN THE LIGHT OF THE AFORESAID CBDT CIRCULAR , THE APPEAL FILED BY THE REVENUE IS DISMISSED. 4. SINCE NONE APPEARED ON BEHALF OF THE ASSESSEE, IT SEEMS THAT THE ASSESSEE IS NOT INTEREST IN PROSECUTING THE MATTER. ACCORDINGLY, T HE CROSS OBJECTION FILED BY THE ASSESSEE IS DISMISSED . 5. IN THE RESULT, THE APPEAL OF THE REVENUE AS WELL AS THE CROSS OBJECTION OF THE ASSESSEE STAND DISMISSED. THE ORDER IS PRON OUNCED IN THE OPEN COURT ON 2 9 . 11 .2018. SD/ - SD/ - [ KULDIP SINGH ] [N.K. BILLAIYA] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 2 9 T H NOVEMBER , 2018 VL/ COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(A) 5. DR ASST. REGISTRAR, ITAT, NEW DELHI 4 DATE OF DICTATION DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.PS/PS DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.PS/PS DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT DATE ON WHICH THE FILE GOES TO THE BENCH CLERK DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER