ACIT, New Delhi V. Shri Atul Kumar Mittal, New Delhi

ITA 5617/DEL/2013

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 6713 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 4 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-03-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 08-12-2015
• Assessment Year: 2006-2007
• Appeal Filed On: 18-10-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH A : NEW DELHI) BEFORE SHRI J.S. REDDY, ACCOUNTANT MEMBER AND SHRI A.T. VARKEY, JUDICIAL MEMBER ITA NO.5617/DEL./2013 (ASSESSMENT YEAR : 2006-07) ACIT, CENTRAL CIRCLE 2, VS. SHRI ATUL KUMAR MITTA L, NEW DELHI. A 287, RAJOURI GARDEN, NEW DELHI. (PAN : AAAHA5422N) (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI VED JAIN, ADVOCATE REVENUE BY : SHRI ANIL JAIN, CIT DR O R D E R PER A.T. VARKEY, JUDICIAL MEMBER : THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF THE CIT (APPEALS)-XXXI, NEW DELHI DATED 12.07.2013 FOR THE ASSESSMENT YEAR 2006- 07. 2. THE TAX EFFECT IN THE APPEAL BY THE REVENUE DOES NOT EXCEED THE MONETARY LIMIT OF RS.10 LAKHS SPECIFIED IN CIRCULAR NO.21/2015 DATED 10 TH DECEMBER,2015, F.NO.279/MISC./142/2007-ITJ(PT.). 3. WE ARE OF THE OPINION THAT THE CIRCULAR OF THE C BDT RESULTS IN THE REVENUE APPEAL BEING NOT MAINTAINABLE. FURTHER TH IS CBDT CIRCULAR, AT PARA 10 SPECIFIES THAT THE INSTRUCTION WILL APPLY RETROS PECTIVELY, TO ALL PENDING ITA NO.5617/DEL./2013 2 APPEALS. WE HAVE EXAMINED THE GROUNDS OF APPEAL AN D HAVE FOUND THAT THE TAX EFFECT ON THE QUANTUM OF INCOME IN DISPUTE IS B ELOW THE MONETARY LIMIT OF RS.10,00,000/- (RUPEES TEN LAKHS ONLY). 4. HENCE WE DISMISS THE APPEAL FILED BY THE REVENUE ON THE GROUND THAT THE TAX EFFECT IN THE PRESENT APPEAL DOES NOT EXCEE D THE MONETARY LIMIT SPECIFIED BY THE CBDT CIRCULAR NO.21/2015 DATED 10 TH DECEMBER,2015, F.NO. 279/MISC./142/2007-ITJ(PT.) AND HENCE NOT MAINTAINA BLE. 5. IN CASE THERE IS A MISTAKE IN THE CALCULATION OR IF THE CASE IS COVERED BY ANY OF THE EXCEPTION SPECIFIED IN THE CIRCULAR, THE REVENUE MAY FILE MISC. APPLICATION U/S 254(2) OF THE INCOME TAX ACT 1961 P OINTING OUT THE MISTAKE AND IF THE BENCH IS CONVINCED OF THE MISTAKE, THE O RDER WILL BE RECALLED AND THE APPEAL WILL BE RESTORED FOR FRESH DISPOSAL ON M ERITS. 6. IN THE RESULT, THE REVENUES APPEAL IS DISMISSED . ORDER PRONOUNCED IN OPEN COURT ON THIS 4 TH DAY OF MARCH, 2016. SD/- SD/- (J.S. REDDY) (A.T. VARKE Y) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED THE 4 TH DAY OF MARCH, 2016/TS COPY FORWARDED TO: 1.APPELLANT 2.RESPONDENT 3.CIT 4.CIT(A)-XXXI, NEW DELHI. 5.CIT(ITAT), NEW DELHI. AR, ITAT NEW DELHI.