ACIT, Central Circle-4, New Delhi V. Vikas Kapoor, Delhi

ITA 5599/DEL/2017

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 2851 (ITAT-DELHI)
• Duration Of Justice: 3 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-12-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 01-09-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Retrospective amendment; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : SMC : NEW DELHI BEFORE SHRI R.S. SYAL, VICE PRESIDENT ITA NOS.5598 & 5599/DEL/2017 ASSESSMENT YEARS : 2009-10 & 2010-11 ACIT, CENTRAL CIRCLE-4, NEW DELHI . VS. VIKAS KAPOOR, FLAT NO.1, POCKET-A1, SECTOR-07, ROHINI, NEW DELHI 110 085. PAN: AHRPK4150F ASSESSEE BY : SHRI V.K. SABHARWAL & SHRI SUDHIR MATHUR, ADVOCATES DEPTT. BY : NONE DATE OF HEARING : 18.12.2017 DATE OF PRONOUNCEMENT : 18.12.2017 ORDER THESE APPEALS BY THE REVENUE ARISE OUT OF A COMMON ORDER PASSED BY THE CIT(A) ON 04.07.2017 IN RELATIO N TO THE ASSESSMENT YEARS 2009-10 & 2010-11. ITA NOS.5598 & 5599/DEL/2017 2 2. NO ONE WAS PRESENT ON BEHALF OF THE REVENUE. IN FACT, THE REVENUE HAS FILED EN BLOC ADJOURNMENT APPLICATIONS FOR ALL THE CASES LISTED TODAY. EX CONSEQUENTI , THERE IS NO ONE IN THE COURT ROOM TO REPRESENT THE REVENUE. THE LD. AR SERIOUSL Y OBJECTED TO THE GRANT OF ADJOURNMENT IN HIS CASE. AS SUCH, I AM NOT INCLINED TO ACCEPT THE ADJOURNMENT APPLICATION FILE D FOR THE REVENUE AND PROCEEDING TO DISPOSE OF THE APPEALS ON MERITS EX PARTE QUA THE REVENUE. 3. DURING THE COURSE OF HEARING, THE LD. AR SUB MITTED THAT PURSUANT TO THE MANDATE OF SECTION 268A, THE CBDT H AS ISSUED CIRCULAR NO. 21 OF 2015 DATED 10.12.2015 WITH RETRO SPECTIVE EFFECT, REVISING THE MONETARY LIMIT TO RS.10,00,000 /- FOR NOT FILING APPEALS BEFORE THE TRIBUNAL. HE FURTHER SUB MITTED THAT AS THE TAX EFFECT INVOLVED IN THE INSTANT APPEALS I S RS.9,26,876/- FOR THE ASSESSMENT YEAR 2009-10 AND RS.2,49,244/- FOR THE ASSESSMENT YEAR 2010-11 -, TH E EXTANT APPEALS ARE NOT MAINTAINABLE. ITA NOS.5598 & 5599/DEL/2017 3 4. I HAVE HEARD THE LD. AR AND PERUSED THE RELEVANT MATERIAL ON RECORD. GOING BY THE PRESCRIPTION OF THE AFORENO TED CIRCULAR, I AM OF THE VIEW THAT THE REVENUE SHOULD HAVE EITHER NOT FILED THE INSTANT APPEALS BEFORE THE TRIBUNAL O R WITHDRAWN THE SAME AS THE TAX EFFECT IN THESE APPEALS IS LESS THAN THE PRESCRIBED LIMIT FOR NOT FILING THE APPEALS. FROM PARA 10 OF THE ABOVE CIRCULAR IT IS PALPABLE THAT THE INSTRUCTION IS APPLICABLE TO THE PENDING APPEALS ALSO WITH RETROSPECTIVE EFFE CT AND THERE IS A CLEAR-CUT DIRECTION TO THE DEPARTMENT TO WITHD RAW OR NOT PRESS SUCH APPEALS FILED BEFORE THE ITAT WHEREIN TA X EFFECT IS LESS THAN RS.10,00,000/-. 5. RECENTLY, THE HON'BLE SUPREME COURT IN DIT VS. S.R.M.B. DAIRY FARMING PVT. LTD., VIDE ITS DECISION RENDERED ON 23.11.2017, HAS HELD THAT THE CIRCULARS OF THE CBDT REQUIRING DISMISSAL OF APPEALS HAVING NO TAX EFFECT, BEING BE NEFICIAL IN NATURE TO THE ASSESSEE, HAVE RETROSPECTIVE EFFECT A ND HAVE TO BE ITA NOS.5598 & 5599/DEL/2017 4 FOLLOWED. THIS JUDGMENT HAS BEEN DELIVERED AFTER CO NSIDERING THE JUDGMENT IN THE CASE OF GEMINI DISTILLERS (2017) 398 ITR 343 (SC). EX CONSEQEUNTI, I DISMISS THE INSTANT APPEALS WITHOUT GOING INTO THE MERITS OF THE CASE. 6. IN THE RESULT, THE APPEALS OF THE REVENUE STAND DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 18.12.2017. SD/- [R.S. SYAL] VICE PRESIDENT DATED, 18 TH DECEMBER, 2017. DK COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR, ITAT AR, ITAT, NEW DELHI.