DCIT, New Delhi V. M/s. Micromax Media Pvt. Ltd., Delhi

ITA 5881/DEL/2015

• Counselvise Citation: [2017] 130 COUNSELVISE.COM (IT) 6562 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 3 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-02-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2006-2007
• Appeal Filed On: 29-10-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S K JAIN
• Assessee Lawyers: ASHISH GOEL
• Keywords: Tax effect

Judgement Text

I.T.A .NO.-5881/DEL/2015 DCIT VS MICROMAX MEDIA PVT.LTD. IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: B NEW DELHI BEFORE SH.S.V.MEHROTRA, ACCOUNTANT MEMBER AND SMT DIVA SINGH, JUDICIAL MEMBER I.T.A .NO.-588 1/DEL/2015 (ASSESSMENT YEAR- 2006-07) D CIT, CENTRAL CIRCLE-20, 1 ST FLOOR, ROOM NO.104, E-2, ARA CENTRE, JHANDEWALAN, NEW DELHI-110055. (APPELLANT) VS MICROMAX MEDIA PVT. LTD., B-312, SARASWATI VIHAR, DELHI-110034. PAN-AACCM5401C (RESPONDENT) APPELLANT BY SH.S.K.JAIN, DR RESPONDENT BY SH. VED JAIN, ADV. & SH. ASHISH GOEL, CA DATE OF HEARING 16.02.2017 DATE OF PRONOUNCEMENT 17 . 02. 201 7 ORDER PER DIVA SINGH, JM THE PRESENT APPEAL HAS BEEN FILED BY THE REVENUE AS SAILING THE CORRECTNESS OF THE ORDER DATED 28.08.2015 OF CIT(A)-27, NEW DELHI PERTAINING TO 2006-07 ASSESSMENT YEAR WHEREIN ADDITION OF RS. 14,21,000/- HAS BEEN DELETED BY THE CIT(A). 2. LD.AR INVITING ATTENTION TO THE MATERIAL AVAILAB LE ON RECORD SUBMITTED THAT IN THE FACTS OF THE PRESENT CASE, THE AO CONCLUDED THE ASSESSMENT AN INCOME OF RS.17,03,100/- WHEREIN ADDITION OF RS.14,21,000/- W AS MADE WHICH WAS DELETED BY THE CIT(A)-27, NEW DELHI VIDE ORDER DATED 28.08.201 5. AGGRIEVED BY WHICH, THE REVENUE IS IN APPEAL. PLACING THE TAX EFFECT CALCU LATION ON RECORD, IT WAS SUBMITTED THAT AT THE RATE OF 33.66% TAX ON THE DISPUTED AMOU NT THE TAX INVOLVED IS RS.4,78,308/-. ACCORDINGLY, IN TERMS OF THE CBDT C IRCULAR NO. 21/2015 DATED 10 TH DECEMBER, 2015, THE DEPARTMENTAL APPEAL IT WAS SUBM ITTED IS NOT MAINTAINABLE. ON THE REQUEST OF THE DEPARTMENT, THE HEARING WAS A DJOURNED TO THE NEXT DATE. 3. ON THE NEXT DATE, LD.AR RE-ITERATED THE ARGUMENT S ADVANCED EARLIER. CONSIDERING THE RECORD, LD.SR.DR DID NOT OPPOSE THE SUBMISSIONS MADE. PAGE 2 OF 2 I.T.A .NO.-5881/DEL/2015 DCIT VS MICROMAX MEDIA PVT.LTD. 4. WE HAVE HEARD THE RIVAL SUBMISSIONS AND CONSIDER ED THE MATERIAL AVAILABLE ON RECORD. WE FIND THAT THE APPEAL HAS BEEN PREFERRED BY THE REVENUE IN VIOLATION OF CIRCULAR NO.21/2015 DATED 10 TH DECEMBER, 2015 OF CBDT. BY THE AFORESAID CIRCULAR, THE PECUNIARY LIMIT FOR FILING THE APPEAL BEFORE THE ITAT HAS BEEN PRESCRIBED BEYOND RS.10 LAKH. PARA 3 OF THE AFORES AID CIRCULAR HAS BEEN MADE APPLICABLE VIDE PARA 10 RETROSPECTIVELY. CONSIDERI NG THE SETTLED LEGAL PRECEDENT THAT THE BOARDS INSTRUCTIONS OR DIRECTIONS ISSUED TO TH E INCOME TAX AUTHORITIES U/S 268A OF THE INCOME TAX ACT, 1961 ARE BINDING ON THE AUTHORITIES, WE HOLD THAT THE APPEAL IS NON-MAINTAINABLE. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 17 TH FEBRUARY, 2017. SD/- SD/- (S.V.MEHROTRA) (DIVA SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER *AMIT KUMAR* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT AS SISTANT REGISTRAR ITAT NEW DELHI