ACIT, New Delhi V. M/s. Paras Buildtech (India) Pvt. Ltd., Gurgaon

ITA 5959/DEL/2015

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 5035 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 9 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-08-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 02-11-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PADAM SINGH
• Keywords: Tax effect

Judgement Text

IN THE INCOME - TAX APPELLATE TRIBUNAL, DELHI BENCH B , NEW DELHI BEFORE : SHRI I.C. SUDHIR , JUDICIAL MEMBER AND SHRI L.P. SAHU, ACCOUNTANT MEMBER ITA NO. 5959/DEL./2015 ASSESSMENT YEAR: 2012 - 13 A.C.I.T., CENTRAL CIRCLE - 14 NEW DELHI (APPELLANT) VS. PARAS BUILDTECH (INDIA) PVT. LTD., 11 TH FLOOR, PARAS TWIN TOWER, GOLF COURSE ROAD, SECTOR 54, GURGAON. PAN AAECP1343A (RESPONDENT) APPELLANT BY SHRI PADAM SINGH, SR.DR RESPONDENT BY NONE ORDER PER L.P. SAHU, A.M.: TH IS APPEAL BY THE REVENUE ARISE S OUT OF THE ORDER PASSED BY THE CIT(A) IN RELATION TO THE CAPTIONED ASSESSMENT YEAR. 2. DURING THE COURSE OF HEARING, THE LD. DR, ALTHOUGH SUPPORTED THE ORDER OF THE ASSESSING OFFICER, BUT COULD NOT CONTROVERT THE FACT THAT TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.10,00,000/ - AND AS SUCH THE APPEAL IS NOT MAINTAINABLE BY VIRTUE OF CIRCULAR OF CBDT NO. 21 OF 2015 DATED 10.12.2015, REVISING THE MONETARY LIMIT TO RS.10,00,000/ - FOR NOT FILING APPEALS BEFORE THE TRIBUNAL. DATE OF HEARING 23.08.2017 DATE OF PRONOUNCEMENT 25 .08.2017 ITA NO. 5959/DEL./2015 2 3. HAVING CONSIDERED THE MATERIAL ON RECORD, WE FIND THAT THE ABOVE CIRCULAR OF CBDT ON PECUNIARY LIMIT HAS NOW S TATUTORY FORCE WITHIN THE PROVISIONS OF SECTION 268A OF THE IT ACT. THESE INSTRUCTIONS ARE APPLICABLE TO THE PENDING APPEALS ALSO AND THERE IS A CLEAR CUT INSTRUCTION TO THE DEPARTMENT TO WITHDRAW OR NOT TO PRESS SUCH APPEALS FILED BEFORE THE ITAT WHEREIN TAX EFFECT IS LESS THAN RS.10,00,000/ - . IT GOES WITHOUT SAYING THAT THE BOARD S INSTRUCTIONS OR DIRECTIONS ISSUED TO THE INCOME - TAX AUTHORITIES ARE BINDING UPON THEM. GOING BY THE PRESCRIPTION OF THE AFORE - NOTED CIRCULAR, AND WITHOUT GOING INTO MERITS OF THE CASE, WE DISMISS THE INSTANT APPEAL FILED BY THE REVENUE AS TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.10.00 LACS. 4 . IN THE RESULT, THE APPEAL OF THE REVENUE STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 25.08.2017 . SD/ - SD/ - ( I.C. SUDHIR ) (L.P. SAHU) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 25.08.2017 *AKS* COPY OF ORDER FORWARDED TO: (1) THE APPELLANT (2) THE RESPONDENT (3) COMMISSIONER (4) CIT(A) (5) DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES, NEW DELHI