ACIT, Circle- 5(1), New Delhi V. Blue Coast Hotels Ltd., New Delhi

ITA 602/DEL/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 2892 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 1 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-03-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 25-01-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: SHIV SWAROOP SINGH SR DR NO NE
• Keywords: Tax effect

Judgement Text

INCOME TAX APPELLATE TRIBUNAL DELHI BENCH A : NEW DELHI (THROUGH VIDEO CONFERENCING) BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND SHRI KULDIP SINGH, JUDICIAL MEMBER ITA NOS. 602, 603, 604/DEL/2018 ASSTT. YEARS 2012-13, 2013-14, 2014-15 ACIT, CIRCLE -5(1), NEW DELHI. VS. BLUE COAST HOTELS LTD. 415-417, ANTRIKSH BHAWAN, CONNAUGHT PLACE, NEW DELHI 110 001 PAN AAACM0037G (APPELLANT) (RESPONDENT) O R D E R PER R.K. PANDA, AM THE ABOVE THREE APPEALS FILED BY THE REVENUE ARE DIRECTED AGAINST THE SEPARATE ORDERS DATED 23 RD OCTOBER, 2017 OF THE LD. CIT (A) -2, NEW DELHI RELATING TO ASSESSMENT YEARS 2012-13, DEPARTMENT BY: SHRI SHIV SWAROOP SINGH, SR. DR ASSESSEE BY : NO NE DATE OF HEARING 02 /03/2021 DATE OF PRONOUNCEMENT 02 / 03 /202 1 2 2013-14 AND 2014-15 RESPECTIVELY. FOR THE SAKE OF CONVENIENCE, ALL THESE APPEALS WERE HEARD TOGETHER AND ARE BEING DISPOSED OF BY THIS COMMON ORDER. 2. LD. COUNSEL FOR THE ASSESSEE, AT THE OUTSET, SUBMITTED THAT THE TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE IN EACH OF THE APPEAL IS BELOW RS. 50 LAKHS. THEREFORE, IN VIEW OF THE CBDT CIRCULAR NO. 17/2019 DATED 8 TH AUGUST, 2019, THE APPEALS FILED BY THE REVENUE ARE NOT MAINTAINABLE AND, THEREFORE, THE APPEALS ARE LIABLE TO BE DISMISSED. 3. LD. DR FAIRLY CONCEDED THAT THE TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE IS ADMITTEDLY BELOW RS. 50 LAKHS IN EACH APPEAL. 4. AFTER HEARING BOTH THE SIDES, WE FIND THE TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE IN ALL THE ABOVE THREE APPEALS IS ADMITTEDLY BELOW RS. 50 LAKHS. CBDT VIDE CIRCULAR NO. 17/2019 DATED 8 TH AUGUST, 2019 HAS INCREASED THE MONETARY LIMIT FOR FILING OF APPEALS BY THE REVENUE TO RS. 50 LAKHS. IT HAS SUBSEQUENTLY BEEN CLARIFIED BY THE CBDT THAT THE SAID CIRCULAR IS APPLICABLE EVEN TO PENDING APPEALS. IN VIEW OF THE ABOVE, THE 3 APPEALS FILED BY THE REVENUE ARE NOT MAINTAINABLE AND ARE ACCORDINGLY DISMISSED. IN THE RESULT ALL THE THREE APPEALS FILED BY THE REVENUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AT TIME OF HEARING ITSELF I.E. ON 2 ND MARCH, 2021. SD/- SD/- (KULDIP SINGH) (R.K. PANDA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 02 /03/2021 VEENA COPY FORWARDED TO 1. APPLICANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI