ITO, New Delhi V. M/s. ANS Farms Pvt. Ltd., New Delhi

ITA 5825/DEL/2015

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 6619 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 8 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-07-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: H
• Assessment Year: 2011-2012
• Appeal Filed On: 26-10-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI D BENCH, NEW DELHI BEFORE SHRI N.K. BILLAIYA , ACCOUNTANT MEMBER, AND S HRI KULDIP SINGH , JUDICIAL MEMBER ITA NO. 5285 /DEL/201 5 [A.Y 20 11 - 12 ] THE I.T . O VS. ANS FARMS P LTD WARD 2(4) 144/2, ANS HOUSE, HARI NAGAR. NEW DELHI ASHRAM, NEW DELHI PAN : AA FCA 0352 F CO NO. 11/DEL/2016 [A/O ITA NO. 5285 /DEL/201 5 [A.Y 20 11 - 12 ] ] ANS FARMS P LTD VS. THE I.T. O 144/2, ANS HOUSE, HARI NAGAR. WARD 2(4) ASHRAM, NEW DELHI NEW DELHI PAN : AAFCA 0352 F [APPELLANT] [RESPONDENT] DATE OF HEARING : 1 9 . 0 7 .201 8 DATE OF PRONOUNCEMENT : 1 9 .0 7 .2018 ASSESSEE BY : NONE REVENUE BY : S HRI AMIT JAIN , SR. DR ORDER PER N.K. BILLAIYA , ACCOUNTANT MEMBER, THIS APPEAL BY THE REVENUE AND CROSS OBJECTION BY THE ASSESSEE ARE DIRECTED AGAINST THE ORDER DATED 03 . 0 8 .201 5 OF COMMISSIONER OF INCOME TAX [APPEALS] - 1 , NEW DELHI PERTAINING TO ASSESSMENT YEAR 20 11 - 12 . 2 2. THIS APPEAL BY THE REVENUE HAS TO BE DISMISSED IN THE LIGHT OF THE CBDT CIRCULAR NO. 3 /201 8 DATED 1 1 . 07 .201 8 BY WHICH THE BOARD HAS REVISED THE MONETARY LIMIT FOR FILING OF APPEALS BY THE DEPARTMENT BEFORE THE ITAT AND THE MONETARY LIMIT HAS BEEN FIXED AT RS. 20 LAKHS. THE BOARD AT CLAUSE 13 OF THE SAID CIRCULAR HAS CLARIFIED AS UNDER: THIS CIRCULAR WILL APPLY TO SLPS/APPEALS/CROSS OBJECTIONS/REFERENCES TO BE FILED HENCEFORTH IN SUPREME COURT/HIGH COURT/TRIBUNAL AND IT SHALL ALSO APPLY RETROSPECTIVELY TO PENDING SLPS/APPEALS/CROSS OBJECTIONS/REFERENCES. THE PENDING APPEALS BELOW THE SPECIFIED TAX LIM IT IN PARA 3 ABOVE MAY BE WITHDRAWN/NOT PRESSED. 3 . IN THE LIGHT OF THE AFORESAID CBDT CIRCULAR, THE APPEAL FILED BY THE REVENUE IS DISMISSED. 4. THE CROSS OBJECTION IS IN SUPPORT OF THE ORDER OF THE CIT(A) AND HENCE NEEDS NO SEPARATE ADJUDICATION. 4 . IN THE RESULT, THE APPEAL OF THE REVENUE AS WELL AS THE CROSS OBJECTION OF THE ASSESSEE ARE DISMISSED. THE ORDER IS PRON OUNCED IN THE OPEN COURT ON 19 .0 7 .2018. S D / - S D / - [ KULDIP SINGH] [ N.K. BILLAIYA ] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 1 9 TH JU LY , 2018 VL/ 3 COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(A) 5 . DR ASST. REGISTRAR, ITAT, NEW DELHI DATE OF DICTATION DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.PS/PS DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.PS/PS DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT DATE ON WHICH THE FILE GOES TO THE BENCH CLERK DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER