ACIT, New Delhi V. M/s. Alfa Bhoj Ltd., New Delhi

ITA 5891/DEL/2013

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 8003 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 6 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-05-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 30-03-2016
• Assessment Year: 2000-2001
• Appeal Filed On: 01-11-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAVI JAIN
• Assessee Lawyers: K R MANJANI
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: A NEW DELHI BEFORE SMT DIVA SINGH, JUDICIAL MEMBER AND SH.PRASHANT MAHARISHI, ACCOUNTANT MEMBER I.T.A .NO.-5891 TO 5893/DEL/2013 (ASSESSMENT YEAR-2000-01, 2001-02 & 2004-05) ACIT, CIRCLE-1(1), ROOM NO.390, C.R.BUILDING, I.P.ESTATE, NEW DELHI-110002. (APPELLANT) VS ALFA BHOJ LTD., 4-A, PUSA ROAD, KAROL BAGH, NEW DELHI. PAN-AAACA1066F (RESPONDENT) APPELLANT BY SH.RAVI JAIN, CIT DR RESPONDENT BY SH. K.R.MANJANI, ADV. ORDER PER DIVA SINGH, JM THESE THREE APPEALS HAVE BEEN FILED BY THE REVENUE ASSAILING THE CORRECTNESS OF THE SEPARATE ORDERS DATED 30.08.2013 OF CIT(A)-1 , NEW DELHI PERTAINING TO 2000- 01, 2001-02 & 2007-08 ASSESSMENT YEARS. 2. THE CIT(A) IN THE RESPECTIVE AFORESAID ORDERS HA S QUASHED THE PENALTY U/S 271(1)(C) OF RS.6,73,500/-; RS. 2.70 LACS ODD AND R S.4,30,500/- IN THE YEARS UNDER CONSIDERATION RESPECTIVELY. MR.K.R.MANJANI, ADV. APPEARING ON BEHALF OF THE ASSESSEE SUBMITTED THAT THE DEPARTMENTAL APPEAL IS IN CONTRAVENTION TO THE CBDT CIRCULAR NO.21/2015 DATED 10TH DECEMBER, 2015. THE LD. CIT DR, MR. RAVI JAIN FAIRLY CONCEDED THAT THE DEPARTMENTAL APPEALS HAVE BEEN FILED WHEREIN THE TAX EFFECT INVOLVED IS MUCH LESS THAN RS.10 LAKH. DATE OF HEARING 30.03.2016 DATE OF PRONOUNCEMENT 06.05.2016 I.T.A .NO.-5891 TO 5893/DEL/2013 PAGE 2 OF 2 3. WE HAVE HEARD THE SUBMISSIONS OF THE PARTIES ON THIS ISSUE AND PERUSED THE MATERIAL ON RECORD. WE FIND THAT THE CBDT VIDE THE AFORESAID CIRCULAR DATED 10.12.2015 HAS REVISED THE MONETARY LIMIT TO RS.10 LAKH FOR FILING THE APPEAL BY THE DEPARTMENT BEFORE INCOME TAX APPELLATE TRIBUNAL. VI DE PARA 10 OF THE AFORESAID CIRCULAR PARA 3 HAS BEEN MADE APPLICABLE RETROSPECT IVELY. WE FIND THAT IN PARA 3 IN THE AFORE-SAID CIRCULAR THE CBDT HAS SPECIFICALL Y MADE CLEAR THAT IN THE CASE OF PENALTY ORDER, THE TAX EFFECT WILL MEAN THE QUANTUM DELETED OR REDUCED IN THE ORDER TO BE APPEALED AGAINST. CONSIDERING THE SETTLED LE GAL PRECEDENT THAT THE BOARDS INSTRUCTIONS OR DIRECTIONS ISSUED TO THE INCOME TAX AUTHORITIES U/S 268A OF THE INCOME TAX ACT, 1961 ARE BINDING ON THE AUTHORITIES , WE DISMISS THE DEPARTMENTAL APPEALS CONSIDERING THE MATERIAL AVAILABLE ON RECOR D. 4. IN THE RESULT, THE APPEALS OF THE REVENUE ARE DI SMISSED. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 06 M AY, 2016. SD/- SD/- (PRASHANT MAHARISHI) (DIVA SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER *AMIT KUMAR* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSI STANT REGISTRAR ITAT NEW DELHI