ACIT, CENTRAL CIRCLE- 19, NEW DELHI V. GAUTAM GAMBHIR, NEW DELHI

ITA 5659/DEL/2017

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 9313 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 11 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-08-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2009-2010
• Appeal Filed On: 04-09-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAKHI VIMAL SENIOR
• Assessee Lawyers: ASHISH GOEL CAS
• Keywords: Tax effect
• Section: 22

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL DELHI DELHI DELHI DELHI FRIDAY BENCH FRIDAY BENCH FRIDAY BENCH FRIDAY BENCH A AA A : NEW DELHI : NEW DELHI : NEW DELHI : NEW DELHI (THROUGH VIDEO CONFERENCING) (THROUGH VIDEO CONFERENCING) (THROUGH VIDEO CONFERENCING) (THROUGH VIDEO CONFERENCING) BEFORE SHRI G.S. PANNU BEFORE SHRI G.S. PANNU BEFORE SHRI G.S. PANNU BEFORE SHRI G.S. PANNU, ,, , VICE PRESIDENT AND VICE PRESIDENT AND VICE PRESIDENT AND VICE PRESIDENT AND SHRI SUDHANSHU SRIVASTAVA SHRI SUDHANSHU SRIVASTAVA SHRI SUDHANSHU SRIVASTAVA SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER , JUDICIAL MEMBER , JUDICIAL MEMBER , JUDICIAL MEMBER ITA NO. ITA NO. ITA NO. ITA NO. 5659 5659 5659 5659 /DEL/201 /DEL/201 /DEL/201 /DEL/201 7 77 7 ASSESSMENT YEAR ASSESSMENT YEAR ASSESSMENT YEAR ASSESSMENT YEAR : : : : 20 2020 20 09 0909 09 - -- - 10 1010 10 ASSISTANT COMM ASSISTANT COMM ASSISTANT COMM ASSISTANT COMM ISSIONER OF ISSIONER OF ISSIONER OF ISSIONER OF INCOME TAX, INCOME TAX, INCOME TAX, INCOME TAX, CENTRAL CENTRAL CENTRAL CENTRAL CIRCLE CIRCLE CIRCLE CIRCLE- -- -19 1919 19, , , , NEW DELHI. NEW DELHI. NEW DELHI. NEW DELHI. VS. VS. VS. VS. SHRI GAUTAM GAMBHIR, SHRI GAUTAM GAMBHIR, SHRI GAUTAM GAMBHIR, SHRI GAUTAM GAMBHIR, 6B/8, NEA OLD RAJINDER NAGAR, 6B/8, NEA OLD RAJINDER NAGAR, 6B/8, NEA OLD RAJINDER NAGAR, 6B/8, NEA OLD RAJINDER NAGAR, NEW DELHI NEW DELHI NEW DELHI NEW DELHI 110 060. 110 060. 110 060. 110 060. PAN : AGEPG8859R. PAN : AGEPG8859R. PAN : AGEPG8859R. PAN : AGEPG8859R. (APPELLANT) (RESPONDENT) APPELLANT BY : MS. RAKHI VIMAL , SENIOR DR. RESPONDENT BY : SH RI VED JAIN AND SHRI ASHISH GOEL, CAS. DATE OF HEARING : 14 1414 14.08 .08.08 .08.2020 .2020 .2020 .2020 DATE OF PRONOUNCEMENT : 14.08 14.08 14.08 14.08.2020 .2020 .2020 .2020 ORDER ORDER ORDER ORDER PER G.S. PANNU PER G.S. PANNU PER G.S. PANNU PER G.S. PANNU, , , , VP VPVP VP : :: : THIS APPEAL BY THE REVENUE FOR THE ASSESSMENT YEAR 2009-10 IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(A)-27, NE W DELHI DATED 22 ND JUNE, 2017. 2. VIDE E-MAIL DATED 4 TH JULY, 2020, THE LEARNED COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THE TAX EFFECT IN THIS APPEAL BY THE REVENUE IS BELOW `50 LAKHS. THE CBDT IN ITS CIRCULA R NO.17/2019 DATED 8 TH AUGUST, 2019 HAS REVISED THE MONETARY LIMIT FOR FI LING OF THE DEPARTMENTAL APPEALS TO THE ITAT AT `50 LAKHS. HE HAS, THEREFORE, REQUESTED THAT THE REVENUES APPEAL MAY BE DISMISSE D. 3. LEARNED SENIOR DR AGREED THAT THE TAX EFFECT IN THIS APPEAL OF THE REVENUE IS BELOW `50 LAKHS. ITA-5659/DEL/2017 2 4. IN VIEW OF THE ABOVE POSITION, WE DEEM IT PROPER TO DISMISS THE APPEAL OF THE REVENUE IN THE LIGHT OF THE CIRCULAR NO.17/2019 OF THE CBDT DATED 8 TH AUGUST, 2019, AS NOT MAINTAINABLE. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ABOVE DECISION WAS ANNOUNCED IN THE PRESENCE OF BOT H THE PARTIES ON CONCLUSION OF VIRTUAL HEARING ON 14 TH AUGUST, 2020. SD/- SD/- ( (( ( SUDHANSHU SRIVASTAVA SUDHANSHU SRIVASTAVA SUDHANSHU SRIVASTAVA SUDHANSHU SRIVASTAVA ) )) ) (G.S. PANNU (G.S. PANNU (G.S. PANNU (G.S. PANNU ) )) ) JUDICIAL JUDICIAL JUDICIAL JUDICIAL MEMBER MEMBER MEMBER MEMBER VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT VK. COPY FORWARDED TO: - 1. APPELLANT : ASSISTANT COMMISSIONER OF INCOME T AX, ASSISTANT COMMISSIONER OF INCOME TAX, ASSISTANT COMMISSIONER OF INCOME TAX, ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CENTRAL CENTRAL CENTRAL CIRCLE CIRCLE CIRCLE CIRCLE- -- -19 1919 19, NEW DELHI. , NEW DELHI. , NEW DELHI. , NEW DELHI. 2. RESPONDENT : SHRI GAUTAM GAMBHIR, SHRI GAUTAM GAMBHIR, SHRI GAUTAM GAMBHIR, SHRI GAUTAM GAMBHIR, 6B/8, NEA OLD RAJINDER NAGAR, NEW DELHI 6B/8, NEA OLD RAJINDER NAGAR, NEW DELHI 6B/8, NEA OLD RAJINDER NAGAR, NEW DELHI 6B/8, NEA OLD RAJINDER NAGAR, NEW DELHI 110 060. 110 060. 110 060. 110 060. 3. CIT 4. CIT(A) 5. DR, ITAT ASSISTANT REGISTRAR