DCIT, Nainital V. M/s. Boat House Club Ltd., Nainital

ITA 5663/DEL/2013

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 8361 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 5 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-04-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 22-03-2016
• Assessment Year: 2010-2011
• Appeal Filed On: 21-10-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K K JAISWAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: A NEW DELHI BEFORE SMT DIVA SINGH, JUDICIAL MEMBER AND SH.PRASHANT MAHARISHI, ACCOUNTANT MEMBER I.T.A .NO.-5663/DE L/2013 (ASSESSMENT YEAR-2010- 11) DCIT, GOLGHAR BARA BAZAR, MALLITAL, NAINITAL (APPELLANT) VS BOAT HOUSE CLUB LTD., MALLITAL, NAINITAL. PAN-AABCB7593H (RESPONDENT) APPELLANT BY SH.K.K.JAISWAL, DR RESPONDENT BY SH. K.V.S.GUPTA, ADV. ORDER PER DIVA SINGH, JM THE PRESENT APPEAL HAS BEEN FILED BY THE REVENUE AS SAILING THE CORRECTNESS OF THE ORDER DATED 23.07.2013 OF CIT(A)-II, DEHRADU N PERTAINING TO 2010-11 ASSESSMENT YEAR ON THE FOLLOWING GROUNDS: 1. LD.CIT(A) HAS ERRED IN LAW AND ON FACTS OF THE CAS E IN DELETING THE ADITION MADE ON ACCOUNT OF RECEIPTS FROM CATERING C ONTRACTOR OF RS.4,50,000/-. 2. LD.CIT(A) HAS ERRED IN LAW AND ON FACTS OF THE CASE IN DELETING THE ADDITION MADE ON ACCOUNT OF RECEIPTS FROM GUEST FEE OF RS.11,82,156/-. 2. CONSIDERING THE AMOUNT AT STAKE FOR THE REVENUE, BOTH THE PARTIES WERE REQUIRED TO ADDRESS CIRCULAR NO.21/2015 DATED 10TH DECEMBER, 2015 OF CBDT. CONSIDERING THE SAME IN THE FACTS ON RECORD, THE LD . SR. DR FAIRLY CONCEDED THAT THE DEPARTMENTAL APPEAL HAS BEEN FILED WHEREIN THE TAX EFFECT INVOLVED IS MUCH LESS THAN RS.10 LAKH. 3. WE HAVE HEARD THE SUBMISSIONS OF THE PARTIES ON THIS ISSUE AND PERUSED THE MATERIAL ON RECORD. WE FIND THAT THE CBDT VIDE THE AFORESAID CIRCULAR DATED 10.12.2015 HAS REVISED THE MONETARY LIMIT TO RS.10 LAKH FOR FILING THE APPEAL BY DATE OF HEARING 22.03.2016 DATE OF PRONOUNCEMENT 01.04.2016 I.T.A .NO.-5663/DEL/2013 PAGE 2 OF 2 THE DEPARTMENT BEFORE INCOME TAX APPELLATE TRIBUNAL . VIDE PARA 10 OF THE AFORESAID CIRCULAR PARA 3 HAS BEEN MADE APPLICABLE RETROSPECTIVELY. CONSIDERING THE SETTLED LEGAL PRECEDENT THAT THE BOARDS INSTRU CTIONS OR DIRECTIONS ISSUED TO THE INCOME TAX AUTHORITIES U/S 268A OF THE INCOME TAX A CT, 1961 ARE BINDING ON THE AUTHORITIES, WE DISMISS THE DEPARTMENTAL APPEAL CON SIDERING THE MATERIAL AVAILABLE ON RECORD. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 01 ST APRIL, 2016. SD/- SD/- (PRASHANT MAHARISHI) (DIVA SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 01/04/2016 *AMIT KUMAR* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSI STANT REGISTRAR ITAT NEW DELHI