ACIT, New Delhi V. Shri Surender Arora, Delhi

ITA 5982/DEL/2015

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 8379 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 1 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-01-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2011-2012
• Appeal Filed On: 03-11-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH C NEW DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER & SHRI O.P. KANT, ACCOUNTANT MEMBER I.T.A. NO.5982/DEL/2015 ASSESSMENT YEAR: 2011-12 ACIT, CIRCLE-59(1), NEW DELHI. V. SHRI SURENDER ARORA, PROP. ELECTRO SALES CORPORATION, A-19, PRIYA DARSHANI VIHAR, DELHI. TAN/PAN: AAEPA 0367Q (APPELLANT) (RESPONDENT) APPELLANT BY: SHRI AMIT KATOCH, SR.D.R. RESPONDENT BY: NONE DATE OF HEARING: 26 12 2018 DATE OF PRONOUNCEMENT: 01 01 2019 O R D E R PER BHAVNESH SAINI, J.M.: THIS APPEAL BY THE REVENUE HAS BEEN DIRECTED AGAINS T THE ORDER OF LD. CIT(A)-XIX, NEW DELHI DATED 18 TH AUGUST, 2015 FOR THE ASSESSMENT YEAR 2011-12. 2. IN THIS CASE, ASSESSING OFFICER MADE ADDITION OF RS.46,87,722.36/- ON ACCOUNT OF LOW G.P. RATE. LD. CIT(A) HOWEVER RESTRICTED THE ADDITION OF RS.6,79,359/- AN D THUS ALLOWED THE APPEAL OF THE ASSESSEE PARTLY. 3. ADMITTEDLY, THE TAX EFFECT IN THE PRESENT APPEAL IS LESS THAN RS.20 LAKHS. VIDE CIRCULAR NO.3/2018 DATED 11TH JUL Y, 2018 ITA NO.5982/DEL/2015 2 ISSUED BY CBDT U/S.268 OF IT ACT, IT HAS BEEN DIREC TED THAT THE DEPARTMENT SHALL NOT FILE APPEAL BEFORE THE TRIBUNA L IN CASE WHERE THE TAX EFFECT DOES NOT EXCEED THE MONETARY L IMIT OF RS.20 LAKHS. IT IS ALSO DIRECTED THAT THIS INSTRUCTION WI LL APPLY RETROSPECTIVELY TO PENDING APPEALS AND APPEALS TO B E FILED HENCEFORTH IN TRIBUNALS. PENDING APPEALS BELOW THE SPECIFIED TAX LIMIT MAY BE WITHDRAWN/NOT PRESSED. THE LD. D.R. IN VIEW OF THE BOARDS CIRCULAR ABOVE DID NOT PRESS THE DEPARTMENT AL APPEAL. THE CASE OF THE DEPARTMENT WOULD NOT FALL IN THE EX CEPTIONS PROVIDED IN THE ABOVE BOARD CIRCULAR. IN THE RESULT , THE DEPARTMENTAL APPEAL IS NOT MAINTAINABLE AS THE APPE AL IS FILED AGAINST THE BOARD INSTRUCTIONS REFERRED TO ABOVE AN D THEREFORE, THE APPEAL OF THE DEPARTMENT IS LIABLE TO BE DISMIS SED. 4. IN THE RESULT, APPEAL OF THE DEPARTMENT IS DISMI SSED. ORDER PRONOUNCED IN THE OPEN COURT ON 1 ST JANUARY, 2019. SD/- SD/- [O.P. KANT] [BHAVNESH SAINI] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 1 ST JANUARY, 2019