ITO, New Delhi V. M.R. Proview Real Tech Pvt. Ltd., New Delhi

ITA 5690/DEL/2014

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 6913 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 9 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-07-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 15-06-2017
• Assessment Year: 2011-2012
• Appeal Filed On: 21-10-2014
• 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 NO.5690/DEL/2014 ASSESSMENT YEAR: 2011-12 ITO, WARD-6(1), NEW DELHI VS. M.R. PROVIEW REAL TECH PVT. LTD., 190, SAINI ENCLAVE, VIKAS MARG, NEW DELHI PAN: AAGCM4612D (APPELLANT) (RESPONDENT) DEPARTMENT BY : NONE DEPARTMENT BY : NONE DATE OF HEARING : 23.07.2018 DATE OF PRONOUNCEMENT : 23.07.2018 ORDER THE PRESENT APPEAL BY THE REVENUE IS DIRECTED AGAI NST THE ORDER OF LEARNED CIT(A)-IX, NEW DELHI, DATED 21.08.2014 I N RELATION TO ASSESSMENT YEAR 2011-12. 2 ITA NO. 5690/DEL/2014 2. NONE PRESENT FOR THE DEPARTMENT AS WELL AS FOR TH E ASSESSEE. 3. IT IS NOTICED THAT THE CBDT HAS ISSUED CIRCULAR NO . 03 OF 2018, DATED 11TH JULY, 2018 WITH RETROSPECTIVE EFFECT, RE VISING THE MONETARY LIMIT TO RS.20,00,000/- FOR NOT FILING APPEALS BEFO RE THE TRIBUNAL. 3. FROM THE ABOVE CIRCULAR, IT IS PALPABLE THAT THE I NSTRUCTION IS APPLICABLE TO THE PENDING APPEALS ALSO WITH RETROSP ECTIVE EFFECT AND THERE IS A CLEAR-CUT DIRECTION TO THE DEPARTMENT TO WITHDRAW OR NOT PRESS SUCH APPEALS FILED BEFORE THE ITAT, WHEREIN T AX EFFECT IS LESS THAN RS.20,00,000/-. GOING BY THE PRESCRIPTION OF T HE AFORE-NOTED CIRCULAR, I AM OF THE VIEW THAT THE REVENUE SHOULD HAVE EITHER NOT FILED THE INSTANT APPEAL BEFORE THE TRIBUNAL OR WIT HDRAWN THE SAME AS THE TAX EFFECT IN THIS APPEAL IS ADMITTEDLY LESS TH AN THE PRESCRIBED LIMIT, I.E., RS. 20,00,000/- FOR NOT FILING THE APP EAL. ACCORDINGLY, I DISMISS THE INSTANT APPEAL WITHOUT GOING INTO MERIT S OF THE CASE. HOWEVER, THE DEPARTMENT IS AT LIBERTY TO FILE THE M ISCELLANEOUS APPLICATION, IF THE TAX EFFECT IS FOUND TO BE MORE THAN THE PRESCRIBED LIMIT OF RS.20,00,000/- OR OTHERWISE. ACCORDINGLY, THE APPEAL OF THE REVENUE STANDS DISMISSED. 3 ITA NO. 5690/DEL/2014 6. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. THE ORDER PRONOUNCED IN THE OPEN COURT ON 23.07.20 18. SD/- [R.S. SYAL] VICE PRESIDENT DATED, 23 RD JULY, 2018. RK/- COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR, ITAT AR, ITAT, NEW DELHI.