ACIT, CENTRAL CIRCLE- 13, NEW DELHI V. ASHTECH INDUSTRIES PVT. LTD., NEW DELHI

ITA 6060/DEL/2017

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 3797 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 8 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-06-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2014-2015
• Appeal Filed On: 27-09-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: FARHAH KHAN
• Assessee Lawyers: AKSHIT GEOL
• Keywords: Tax effect
• Section: 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH A: NEW DELHI (THROUGH VIDEO CONFERENCING) BEFORE, SHRI G. S. PANNU, VICE PRESIDENT AND SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER I.T.A NO.6060/DEL/2017 (ASSESSMENT YEAR 201 4-15) ASST. CIT, CENTRAL CIRCLE-13, NEW DELHI. VS. M/S ASHTECH INDUSTRIES PVT. LTD. D- 49, MANSROVAR PARK, SHAHADRA, DELHI-110 032 PAN-AAECA 0120G (APPELLANT) (RESPONDENT) APPELLANT BY SH. FARHAH KHAN, SR. DR RESPONDENT BY SH. AKSHIT GEOL, CA DATE OF HEARING 04.06.2021 DATE OF PRONOUNCEMENT 04.06 2021 ORDER PER SUDHANSHU SRIVASTAVA, JM: THIS APPEAL IS PREFERRED BY THE REVENUE AGAI NST ORDER DATED 17.07.2017 PASSED BY THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-1, NEW DELHI {CIT(A)} FOR ASSESSMENT YEAR 2014-15. 2 ITA NO.6060/DE L/2017 ACIT VS. M/S. ASHTECH INDUSTRIES PVT. LTD . 2.0 THE LD. AUTHORIZED REPRESENTATIVE (AR) SUBMITTED THAT THE PRESENT APPEAL BY THE DEPARTMENT WAS LIABLE TO B E WITHDRAWN AS THE TAX EFFECT INVOLVED IN THE CASE IS BELOW RS.50 LACS. HE SUBMITTED A DETAILED WORKING OF THE DISPUTED TAX AND SUBMITTED THAT THE TAX DEMAND WAS RS.47,41,123/- ONLY. 3.0 THE LD. DEPARTMENTAL REPRESENTATIVE (D R) AGREED THAT THE TAX EFFECT WAS LESS THAN RS.50 LACS. [[ 4.0 HAVING HEARD BOTH THE PARTIES AND AFTER HAVING GONE THROUGH THE RECORDS, WE FIND THAT THE CONTENTION OF THE LD. AR THAT THE TAX EFFECT IN THE PRESENT DEPARTMENTAL APPEAL I S LESS THAN RS.50 LACS IS CORRECT. THE CBDT VIDE CIRCULAR NO.17/2019 DATED 08.08.2019 HAS REVISED THE MONETARY LIMIT FOR FILIN G THE APPEALS BEFORE THE TRIBUNAL TO RS.50 LACS. FURTHER, CBDT V IDE LETTER DATED 20.08.2019 HAS ALSO CLARIFIED THAT CIRCULAR NO.17/2 019 WOULD BE APPLICABLE TO ALL PENDING APPEALS. IN SUCH CIRCUMS TANCES, THE PRESENT APPEAL FILED BY THE REVENUE IN CASE OF LOW T AX EFFECT IS NOT MAINTAINABLE. 3 ITA NO.6060/DE L/2017 ACIT VS. M/S. ASHTECH INDUSTRIES PVT. LTD . 5.0 BEFORE PARTING, WE CLARIFY HERE THAT THE REVENUE SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR RE-INSTITUT ION OF APPEAL, IF THE REQUISITE MATERIAL IS BROUGHT TO SHOW THAT THE APPEA L IS PROTECTED BY THE EXCEPTIONS PRESCRIBED IN PARA-10 OF THE CIRCULA R DATED 11.07.2018. 6.0 IN CONCLUSION, BY APPLYING THE CBDT C IRCULAR DATED 08.08.2019 AND LETTER DATED 20.08.2019 (SUPRA), THE CAPTIONED APPEAL OF THE REVENUE IS DISMISSED AS WITHDRAWN/NOT P RESSED. 7.0 IN THE FINAL RESULT, THE APPEAL OF T HE REVENUE STANDS DISMISSED. ABOVE DECISION WAS ANNOUNCED ON CONCLUSION OF VIRTUAL HEARING ON 4 TH JUNE, 2021. [ SD/- SD/- (G.S.PANNU) (SUDHANSHU SRIVASTAVA) VICE PRESIDENT JUDICIAL MEMBER DATED:04/06/2021 PK/PS COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI