DCIT, Gurgaon V. Dr Rangarao Rangaraju, New Delhi

ITA 5844/DEL/2015

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 6850 (ITAT-DELHI)
• Duration Of Justice: 3 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-02-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: H
• Assessment Year: 2010-2011
• Appeal Filed On: 27-10-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAVI JAIN
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH A NEW DELHI BEFORE SHRI S.V. MEHROTRA : ACCOUNTANT MEMBER AND MS. SUCHITRA KAMBLE : JUDICIAL MEMBER ITA NO. 5844/DEL/2015 ASSTT. YR: 2010-11 DCIT, CIRCLE-3, VS. DR. RANGARAO RANGARAJU GURGAON. C/O KAPIL GOEL ADV. F-26/124, SECTOR-7, ROHINI. DELHI-110085. PAN: AAWPR 2911 F ( APPELLANT ) (RESPONDENT) APPELLANT BY : SHRI RAVI JAIN CIT(DR) ASSESSEE BY : NONE DATE OF HEARING : 08/02/2016. DATE OF ORDER : 10/02/2016. O R D E R PER S.V. MEHROTRA, A.M: THIS IS REVENUES APPEAL AGAINST THE ORDER DATED 3 1.08.2015, PASSED BY THE LD. CIT(A)-2, GURGAON, RELATING TO A.Y. 201 0-11. 2. NONE PUT IN APPEARANCE ON BEHALF OF THE ASSESSEE AT THE HEARING. WE PROCEED TO DISPOSE OF THE REVENUES APPEAL, EX PART E, QUA THE ASSESSEE AND IN THAT PROCESS WE HAVE HEARD LD. CIT(DR) AND PERUSED THE RECORD. 3. LD. CIT(DR) AT THE OUTSET SUBMITTED THAT, PRIMA FACIE, THE TAX EFFECT INVOLVED IN THE PRESENT APPEAL IS LESS THAN RS. 10 LAKHS. THEREFORE, IN TERMS OF CBDT CIRCULAR NO. 21/2015 DATED 10.12.2015, STI PULATING THAT THE DEPARTMENTAL APPEAL, INVOLVING TAX EFFECT BELOW RS .10 LAKHS, SHALL NOT BE FILED BEFORE THE ITAT AND FURTHER THAT SUCH INSTRUC TION WOULD APPLY 2 RETROSPECTIVELY AND THE PENDING APPEALS BELOW THE S PECIFIED TAX LIMIT OF RS.10 LAKH MAY BE WITHDRAWN/NOT PRESSED, THE DEPART MENT MAY BE ALLOWED TO WITHDRAW THE APPEAL, PROVIDED THAT IT SHOULD NOT BE CONSIDERED AS A PRECEDENT IN THE SUBSEQUENT YEARS OF THE ACCEPTANCE OF ISSUES INVOLVED IN THIS APPEAL AND, THEREFORE, IF IN THE SUBSEQUENT YEAR SIMILAR I SSUE ARISES BEFORE THE ITAT, WHERE THE APPEAL IS ABOVE THE TAX LIMIT, AS PRESCRI BED IN THE BOARDS CIRCULAR, THE SAME SHOULD BE DECIDED ON MERITS. 4. AFTER HEARING THE LD. CIT(DR) THE DEPARTMENTAL APPEAL IS ALLOWED TO BE WITHDRAWN IN TERMS OF BOARDS CIRCULAR, REFERRED TO ABOVE. 6. IN THE RESULT, REVENUES APPEAL STANDS DISMISSED , HAVING BEEN WITHDRAWN. ORDER PRONOUNCEMENT IN OPEN COURT ON 10/02/2016. SD/- SD/- (SUCHITRA KAMBLE ) (S.V. MEHROTRA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: ______/02/2016. *MP* COPY OF ORDER TO: 1. ASSESSEE 2. AO 3. CIT 4. CIT(A) 5. DR, ITAT, NEW DELHI. 3