ACIT, New Delhi V. Sh. Rajpal Katyal, Delhi

ITA 5868/DEL/2015

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 5794 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 11 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-10-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2009-2010
• Appeal Filed On: 29-10-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: V RAJ KUMAR
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES G , NEW DELHI BEFORE SH. AMIT SHUKLA , JUDICIAL MEMBER DR. B. R. R. KUMAR , ACCOUNTANT MEMBER ITA NO. 5868 /DEL/201 5 : ASSTT. YEAR : 2009 - 10 ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE - 57(1), NEW DELHI VS SH. RAJPAL KATYAL, PROP. M/S KAILASH ENGINEERS, C - 5/190, YAMUNA VIHAR, DELHI - 110053 (APPELLANT) (RESPONDENT) PAN NO. AA NPK2673E ASSESSEE BY : SH. K. SAMPATH, ADV. & SH. V. RAJ KUMAR, ADV. REVENUE BY : SH . N. K. BANSAL, SR. DR DATE OF HEAR ING: 26 . 08 .201 9 DATE OF PRONOUNCEMENT: 27.09 .201 9 ORDER PER DR. B. R. R. KUMAR , A CCOUNTANT M EMBER : THE PRESENT APPEAL HAS BEEN FILED BY THE REVENUE AGAINST THE ORDER OF THE L D. CIT(A) - 1 9 , NEW DELHI DATED 13.08.2015 . 2. ACCORDING TO CIRCULAR NO. 17/2019 DATED 08/08/2019, THE CBDT IN SUPERSESSION OF EARLIER INSTRUCTIONS HAS DIRECTED THAT DEPARTMENT S APPEALS BEFORE ITAT SHALL NOT BE FILED IN CASES WHERE THE TAX EFFECT DOES NOT EXCEED THE MONETARY LIMIT OF RS. 50 LACS. THE TAX WILL NOT INCLUDE ANY INTEREST THEREON. IT I S FURTHER CLARIFIED THAT EVEN IF IN THE CASE OF AN ASSESSEE, DIS PUTED ISSUES ARISE IN MORE THAN ONE ASSESSMENT YEAR, APPEAL CANNOT BE FILED IN RESPECT OF SUCH ASSESSMENT YEAR OR YEARS IN WHICH THE TAX EFFECT IN RESPECT OF DISPUTED ISSUES EXCEEDS THE MONETARY LIMIT SO SPECIFIED. ITA NO . 5868 /DEL /2015 RAJPAL KATYAL 2 3. ADMITTEDLY, IN THE DEPARTMENTAL APPE AL, THE TAX EFFECT IS LESS THAN RS. 50 LACS, THEREFORE, DEPARTMENTAL APPEAL IS NOT MAINTAINABLE. THE LD. DR COULD NOT BRING TO OUR NOTICE ANY EXCEPTIONS MENTIONED IN THE SAID CIRCULAR. 4 . IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED . (ORDER PR O N OUNC ED IN THE OPEN COURT ON 27 /0 9 /2019). SD/ - SD/ - ( AMIT SHUKLA ) ( DR. B. R. R. KUMAR ) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 27 /0 9 /2019 *SUBODH* COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(APPEALS) 5 . DR: ITAT ASSISTANT REGISTRAR