ITO, New Delhi V. Shri Sanjeev Sehgal, Gurgaon

ITA 559/DEL/2013

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 6923 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 5 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-07-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 13-07-2016
• Assessment Year: 2005-2006
• Appeal Filed On: 30-01-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Retrospective amendment; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : G : NEW DELHI BEFORE SHRI H.S. SIDHU, JM & SHRI O.P. KANT, AM ITA NO.559/DEL/2013 ASSESSMENT YEAR : 2005-06 ITO, WARD-37(1), ROOM NO.2007, 20 TH FLOOR, E-2, DR. S.P. MUKHERJEE CIVIC CENTRE, MINTO ROAD, NEW DELHI . VS. SANJEEV SEHGAL, 199, UDYOG VIHAR, PHASE-I, GURGAON. PAN: AQNPS3344J ASSESSEE BY : NONE DEPTT. BY : NONE DATE OF HEARING : 13.07.2016 DATE OF PRONOUNCEMENT : 14 .07.2016 ORDER PER H.S. SIDHU, JM: THIS APPEAL BY THE REVENUE ARISES OUT OF THE ORDER PASSED BY THE CIT(A) ON 06.11.2012 IN RELATION TO THE ASSE SSMENT YEAR 2005-06. ITA NO.559/DEL/2013 2 2. NONE APPEARED ON BEHALF OF THE ASSESSEE AND ON B EHALF OF THE REVENUE DESPITE NOTICE. 3. AFTER HAVING PERUSED THE RELEVANT MATERIAL ON RE CORD, WE FIND THAT PURSUANT TO THE MANDATE OF SECTION 268A, THE CBDT HAS ISSUED CIRCULAR NO. 21 OF 2015 DATED 10.12.2015 WITH RETROSPECTIVE EFFECT, REVISING THE MONETARY LIMIT T O RS.10,00,000/- FOR NOT FILING APPEALS BEFORE THE TR IBUNAL. WE FURTHER FIND THAT THE TAX EFFECT INVOLVED IN THE IN STANT APPEAL IS LESS THAN RS.10,00,000/-. GOING BY THE PRESCRIPTION OF THE AFORENOTED CIRCULAR, WE ARE OF THE VIEW THAT THE RE VENUE SHOULD HAVE EITHER NOT FILED THE INSTANT APPEAL BEF ORE THE TRIBUNAL OR WITHDRAWN THE SAME AS THE TAX EFFECT IN THIS APPEAL IS ADMITTEDLY LESS THAN THE PRESCRIBED LIMIT FOR NO T FILING THE APPEALS. FROM PARA 10 OF THE ABOVE CIRCULAR IT IS PALPABLE THAT THE INSTRUCTION IS APPLICABLE TO THE PENDING APPEAL S ALSO WITH RETROSPECTIVE EFFECT AND THERE IS A CLEAR-CUT DIREC TION TO THE DEPARTMENT TO WITHDRAW OR NOT PRESS SUCH APPEALS FI LED BEFORE ITA NO.559/DEL/2013 3 THE ITAT WHEREIN TAX EFFECT IS LESS THAN RS.10,00,0 00/-. EX CONSEQEUNTI WE DISMISS THE INSTANT APPEAL WITHOUT GOING INTO MERITS OF THE CASE. 4. IN THE RESULT, THE APPEAL OF THE REVENUE STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 14.07.2016. SD/- SD/- [O.P. KANT] [H.S. SIDHU] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED,14 TH JULY, 2016. DK COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR, ITAT AR, ITAT, NEW DELHI.