DCIT, New Delhi V. M/s Shilpi Cable Technologies Ltd., New Delhi

ITA 5953/DEL/2015

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 5792 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 10 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-10-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 02-11-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NIDHI SRIVASTAVA
• Assessee Lawyers: BARKHA CHHETRI CS
• Keywords: Tax effect; Liquidation

Judgement Text

PAGE | 1 , IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH B NEW DELHI ! ! ! ! ' '' ' ' '' ' ' '' ' #$# #$# #$# #$# % % % % BEFORE MS. SUSHMA CHOWLA, JUDICIAL MEMBER & SHRI B.R.R.KUMAR, ACCOUNTANT MEMBER ! ! ! !' '' ' / ITA NO:- 5953/DEL/2015 && && && && / ASSESSMENT YEAR: 2009-10 THE DCIT, CENTRAL CIRCLE-25, ROOM NO.-322, IIIRD FLOOR, JHANDEWALAN EXTN., NEW DELHI. ....... .. '( /APPELLANT VS SHILPI CABLE TECHNOLOGIES LTD., A-19/B-1 EXTENSION, MOHAN CO-OPERATIVE INDUSTRIAL ESTATE, P.O-BADARPUR, MATHURA ROAD, NEW DELHI-110044. PAN- AADCR3380E . )*'( / RESPONDENT '(+,# / APPELLANT BY : MS. NIDHI SRIVASTAVA, CIT DR )*'(+,# / RESPONDENT BY : MS. BARKHA CHHETRI, CS +-.$ / DATE OF HEARING : 01.10.2019 /0+-.$ / DATE OF PRONOUNCEMENT: 01.10.2019 # # # # / ORDER PER SUSHMA CHOWLA, JM: THE APPEAL FILED BY REVENUE IS AGAINST ORDER OF CIT (A)-I, NEW DELHI, DATED 05.08.2015 RELATING TO ASSESSMENT YEAR 2009-1 0 AGAINST THE ORDER PASSED UNDER SECTION 153A/143(3) OF THE INCOME-TAX ACT, 1961 (IN SHORT THE ACT). ITA NO:5953/DEL/2015 ASSESSMENT YEAR: 2009-10 PAGE | 2 2. THE REPRESENTATIVE APPEARED ON BEHALF OF THE LIQ UIDATOR AND POINTED OUT THAT THE COMPANY IS IN LIQUIDATION. LD.DR FOR THE REVENUE FAIRLY POINTED OUT THAT THE TAX EFFECT IN THE PRESENT APPE AL FILED BY THE REVENUE WAS BELOW THE MONETARY LIMIT FIXED BY CBDT. 3. THE CBDT VIDE CIRCULAR NO.17/2019 DATED 08.08.20 19 HAS REVISED THE MONETARY LIMIT FOR FILING THE APPEALS BEFORE TH E TRIBUNAL TO RS.50 LACS. FURTHER, CBDT VIDE LETTER DATED 20.08.2019 HAS ALSO CLARIFIED THAT CIRCULAR NO.17/2019 WOULD BE APPLICABLE TO ALL PEND ING APPEALS. IN SUCH CIRCUMSTANCES, THE PRESENT APPEAL FILED BY THE REVE NUE IN CASE OF LOW TAX EFFECT IS NOT MAINTAINABLE. 4. BEFORE PARTING, WE CLARIFY HERE THAT THE REVENUE SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR RE-INSTITUTION OF APPE AL, IF THE REQUISITE MATERIAL IS BROUGHT TO SHOW THAT THE APPEAL IS PROT ECTED BY THE EXCEPTIONS PRESCRIBED IN PARA 10 OF THE CIRCULAR DATED 11.07.2 018. 5. IN CONCLUSION, BY APPLYING THE CBDT CIRCULAR DAT ED 08.08.2019 AND LETTER DATED 20.08.2019 (SUPRA), THE CAPTIONED APPEAL OF THE REVENUE IS DISMISSED AS WITHDRAWN/NOT PRESSED. 6. IN THE RESULT, THE APPEAL OF REVENUE IS DISMISSE D. ORDER PRONOUNCED IN THE OPEN COURT ON 01 ST DAY OF OCTOBER, 2019. SD/- SD/- (B.R.R.KUMAR) (SUSHMA CH OWLA) #$ #$ #$ #$ /ACCOUNTANT MEMBER /JUDICIAL MEMBER / ! DATED : 01 ST OCTOBER, 2019 . * AMIT KUMAR * ITA NO:5953/DEL/2015 ASSESSMENT YEAR: 2009-10 PAGE | 3 #+)-23#2-4 COPY OF THE ORDER IS FORWARDED TO : 1. '( / THE APPELLANT; 2. )*'( / THE RESPONDENT; 3. 5 6 7 / THE CIT(A) 4. 289)- / DR, ITAT, DELHI 5. 9:&; 4 GUARD FILE. # # # # / BY ORDER , *2-)- // TRUE COPY // =>? , ASSISTANT REGISTRAR, ITAT, DELHI