ITO, New Delhi V. Shri Gagandeep Singh Walia, New Delhi

ITA 5582/DEL/2016

• Counselvise Citation: [2019] 111 COUNSELVISE.COM (IT) 9427 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 1 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-12-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2012-2013
• Appeal Filed On: 28-10-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S N MEENA
• Assessee Lawyers: LALIT MOHAN CA
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH: C: NEW DELHI) , . . , BEFORE MS. SUSHMA CHOWLA, JM & SHRI N.K. BILLAIYA , AM / ITA NO:- 5582/DEL/2016 / ASSESSMENT YEAR: 2012-13 INCOME TAX OFFICER, .......... /APPELLANT WARD-29(3), NEW DELHI VS SH. GAGANDEEP SINGH WALIA, C-2/A-238C, PKT-16 JANAKPURI, DELHI-110058 ... / RESPONDENT PAN-CVOPS0499G AND ! ! ! ! / CO NO:- 348/DEL/2016 / ASSESSMENT YEAR: 2012-13 SH. GAGANDEEP SINGH WALIA, C-2/A-238C, PKT-16 .......... /APPELLANT JANAKPURI, DELHI-110058 PAN-CVOPS0499G VS. INCOME TAX OFFICER, WARD-29(3), ... / RESPONDENT NEW DELHI '#! / APPELLANT BY : SH. S.N. MEENA, SR. DR '#! / RESPONDENT BY : SH. LALIT MOHAN, CA $%'&'( / DATE OF HEARING : 11.12.2019 )* '&'( / DATE OF PRONOUNCEMENT: 11.12.2019 / ITA NO:- 5582/DEL/2016 ! /CO NO:- 348/DEL/2016 PAGE | 2 / ORDER PER SUSHMA CHOWLA, JM: THE PRESENT APPEAL FILED BY REVENUE IS AGAINST ORDE R OF CIT(A)-17, NEW DELHI, DATED 12.08.2016 RELATING TO ASSESSMENT YEAR 2012-13 AGAINST THE ORDER PASSED UNDER SECTION 143(3) OF THE INCOME-TAX ACT, 1961 (IN SHORT THE ACT). 2. THE ASSESSEE HAS FILED CROSS OBJECTIONS AGAINST THE ORDER PASSED BY THE REVENUE. 3. BOTH THE APPEAL FILED BY THE REVENUE AND THE CRO SS OBJECTIONS FILED BY THE ASSESSEE WERE HEARD TOGETHER AND ARE BEING DISP OSED OF BY THIS CONSOLIDATED ORDER FOR THE SAKE OF CONVENIENCE. 4. THE LD. DR FOR THE REVENUE POINTED OUT THAT THE PRESENT APPEAL IS TO BE WITHDRAWN AS THE TAX EFFECT INVOLVED IN THE CASE IS BELOW RS.50 LACS. 3. THE CBDT VIDE CIRCULAR NO.17/2019 DATED 08.08.20 19 HAS REVISED THE MONETARY LIMIT FOR FILING THE APPEALS BEFORE TH E TRIBUNAL TO RS.50 LACS. FURTHER, CBDT VIDE LETTER DATED 20.08.2019 HAS ALSO CLARIFIED THAT CIRCULAR NO.17/2019 WOULD BE APPLICABLE TO ALL PENDING APPEA LS. IN SUCH CIRCUMSTANCES, THE PRESENT APPEAL FILED BY THE REVE NUE IN CASE OF LOW TAX EFFECT IS NOT MAINTAINABLE. 4. BEFORE PARTING, WE CLARIFY HERE THAT THE REVENUE SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR RE-INSTITUTION OF APPEAL, IF THE REQUISITE MATERIAL IS / ITA NO:- 5582/DEL/2016 /CO NO:- 348/DEL/2016 PAGE | 3 BROUGHT TO SHOW THAT THE APPEAL IS PROTECTED BY THE EXCEPTIONS PRESCRIBED IN PARA 10 OF THE CIRCULAR DATED 11.07.2018. 5. IN CONCLUSION, BY APPLYING THE CBDT CIRCULAR DAT ED 08.08.2019 AND LETTER DATED 20.08.2019 (SUPRA), THE CAPTIONED APPE AL OF THE REVENUE IS DISMISSED AS WITHDRAWN/NOT PRESSED. 6. THE ASSESSEE, IN VIEW OF DISPOSAL OF REVENUES A PPEAL HAS WITHDRAWN HIS CROSS OBJECTIONS. HENCE THE SAME ARE DISMISSED AS WITHDRAWN. 7. IN THE RESULT, APPEAL OF THE REVENUE AND THE CRO SS OBJECTIONS FILED BY THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 11 TH DAY OF DECEMBER, 2019. SD/- SD/- (N.K. BILLAIYA) (SUSHMA CHOWLA ) (, (, (, (, /ACCOUNTANT MEMBER , , , , /JUDICIAL MEMBER / DATED : 11 TH DECEMBER, 2019 SH '&-.-&/ COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. $0 $1 / THE PR. CIT 4. -23& 4 4 / DR, ITAT, DELHI 5. 356% / GUARD FILE. $ $ $ $ / BY ORDER , -&& // TRUE COPY // 89,: , 4 / ITAT, DELHI