DCIT, Faridabad V. Shri Amrit Pal Singla, New Delhi

ITA 5687/DEL/2016

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 0996 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 1 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-12-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2010-2011
• Appeal Filed On: 04-11-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DR V K CHADHA
• Keywords: Tax effect
• Section: 201

Judgement Text

IN TH E INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : A : NEW DELHI BEFORE SHRI R. K. PANDA, ACCOUNTANT MEMBER AND SHRI K. NARASIMHA CHARY, JUDICIAL MEMBER ITA NO. 5 687 /DEL/201 6 ASSESSMENT YEAR : 20 1 0 - 11 A CIT, CENTRAL CIRCLE - 1 , FARIDABAD . VS A MRIT PAL SINGL A, 52, NORTH AVENUE, PUNJABI BAGH WEST, NORTH AVENUE, NEW DELHI. PAN: A A SPP4210B (APP ELL A NT ) (RESPONDENT) A SSESSEE BY : SHRI MAYANK PATWARI, CA RE VENUE BY : DR. V.K. CHADHA, SR. DR DATE OF HEARING : 17 . 12 . 201 9 DATE OF PRONOUNCEMENT : 17 . 12 . 201 9 ORDER PER R. K. PANDA, AM : TH IS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 31 .0 8 . 201 6 OF THE CIT(A) - 3, GURGAON, ] RELATING TO ASSESSMENT YEAR 20 1 0 - 11 . 2 . THE LD. COUNSEL FOR TH E ASSESSEE, AT THE OUTSET, SUBMITTED THAT THE TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE IS BELOW RS.50 LAKHS. THEREFORE, IN VIEW OF THE RECENT CBDT CIRCULAR NO.17/2019 DATED 8 TH AUGUST, 2019, RAISING THE MONETARY LIMIT FOR FILING OF THE APP EAL BY THE REVENUE BEFORE THE TRIBUNAL TO RS.50 LAKHS AND THE SUBSEQUENT CLARIFICATION OF THE CBDT, VIDE NOTIFICATION DATED 20 TH AUGUST, 2019 STATING THAT THE SAID CIRCULAR IS APPLICABLE EVEN TO PENDING APPEALS, THE APPEAL FILED BY THE REVENUE IS NOT MAINT AINABLE. ITA NO. 5 687 /DEL/201 6 2 3 . THE LD. DR, ON THE OTHER HAND, FAIRLY CONCEDED THAT THE TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE BEING BELOW RS.50 LAKHS , THE APPEAL FILED BY THE REVENUE SQUARELY FALLS WITHIN THE AMBIT OF THE RECENT CBDT CIRCULAR NO.17/2019 DA TED 8 TH AUGUST, 2019 AND THE SUBSEQUENT CLARIFICATION DATED 20 TH AUGUST, 2019. 4 . AFTER HEARING BOTH THE SIDES , WE FIND THE TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE IS ADMITTEDLY BELOW RS.50 LAKHS . T HEREFORE, IN VIEW OF T HE CBDT CIRCULAR NO.17/2019 DATED 8 TH AUGUST, 2019 RAISING THE MONETARY LIMITS FOR FILING OF THE APPEALS BY THE REVENUE BEFORE THE TRIBUNAL TO RS.50 LAKHS AND THE SUBSEQUENT CLARIFICATION DATED 20 TH AUGUST, 2019 TO THE EFFECT THAT THE SAID CIRCULAR IS APPLICABLE EVEN TO PE NDING APPEALS, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE . ACCORDINGLY, THE SAME IS DISMISSED. 5. HOWEVER, IF THE REVENUE AT ANY POINT OF TIME FINDS THAT THE TAX EFFECT INVOLVED IN THE GROUNDS OF THE REVENUE IS MORE THAN RS.50 LAKHS OR THAT THE SAME IS FALLING UNDER THE EXCEPTIONS PROVIDED IN THE SAID CIRCULAR, THE REVENUE MAY MOVE NECESSARY APPLICATION FOR RECALL OF THIS ORDER. 6 . IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED. THE DECISION WAS PRONOUNCED IN THE OPEN COURT ON 17 . 12 .2019. SD/ - SD/ - ( K. NARASIMHA CHARY ) ( R. K. PANDA ) JUDICIAL MEMBER ACCOUNTANT MEMFBER DATED: 17 TH DECEMBER, 201 9 DK ITA NO. 5 687 /DEL/201 6 3 COPY FORWARDED TO : 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ASSTT. REGISTRAR, ITAT, NEW DELHI