ACIT, New Delhi V. M/s. Pearls Buildwell Infrastructure Ltd., New Delhi

ITA 6088/DEL/2016

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 3554 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 11 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-11-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2013-2014
• Appeal Filed On: 29-11-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SULEKHA VERMA
• Keywords: Tax effect

Judgement Text

ACIT-CC-27, NEW DELHI V. PEARLS BUILDWEL INFRASTRU CTURE LTD. / I.T.A.NO.6088/DEL/2016/A.Y.2013-14PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH F NEW DELHI BEFORE MS. SUCHITRA KAMBLE, JUDICIAL MEMBER ANDSHRI O.P.MEENA, ACCOUNTANT MEMBER . . /. I.T.A NO.6088/DEL/2016 / ASSESSMENT YEAR:2013-14 ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-27, ROAD NO. 327, 3 RD FLOOR, ARA CENTRE, E-2, JHANDEWALANEXTN. NEW DELHI VS. M/S. PEARLS BUILDWELL INFRASTRUCTURE LTD., 409-410, PADMA TOWER-II, RAJENDRA PALACE, NEW DELHI PAN: AACCP 7916 R APPELLANT / RESPONDENT /ASSESSEE BY NONE /REVENUE BY SMT. SULEKHA VERMA, CIT(D.R.) / DATE OF HEARING: 14 .11.2019 /PRONOUNCEMENT ON 14 .11.2019 /O R D E R PER O. P. MEENA,AM: 1. THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINS T THE ORDER OF LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-31, NE W DELHI, DATED28.09.2016 FOR ASSESSMENT YEAR 2012-13. 2. WE HAVE HEARD THE LEARNED CIT (D.R.), WHO HAS POINT ED OUT THE TAX EFFECT INVOLVED IN THIS APPEAL, IS BELOW MONETARY L IMIT PRESCRIBED BY THE CBDT. WE FIND THAT THE CBDT VIDE CIRCULAR NO.17/201 9 DATED 8 TH AUGUST 2019 [F.NO.279/ MISC.142/ 2007-ITJ (PT)] BY AMENDIN G PARA 3 OF CBDT CIRCULAR NO.3/2018 DATED 11.07.2018 HAS ENHANCED TH E MONETARY LIMIT FOR FILING OF APPEAL BEFORE TRIBUNAL TO RS.50 LAKHS AND HAS ALSO REMOVED THE ANOMALY IN PARA 5 OF SAID CIRCULAR NO. 3/2018. WE FIND THAT THE ACIT-CC-27, NEW DELHI V. PEARLS BUILDWEL INFRASTRU CTURE LTD. / I.T.A.NO.6088/DEL/2016/A.Y.2013-14PAGE 2 OF 2 PRESENT CASE DOES NOT FALL WITHIN THE EXCEPTIONS CL AUSE 10 OF SAID CBDT CIRCULAR NO. 3/2018. THEREFORE, THE PRESENT APPEAL IS NOT MAINTAINABLE AS PER ABOVE CIRCULAR NO. 17/2019, HENCE DISMISSED. TH IS CIRCULAR IS APPLICABLE TO ALL PENDING APPEALS AS CLARIFIED BY C BDT LETTER DATED 20.08.2019 [F. NO. 279/MISC./M-93/2018-ITJ] AND IN THE LIGHT OF JUDGEMENT OF HON`BLE SUPREME COURT IN THE CASE OF P R. CIT, JAIPUR V. MEENAKSHI MODI SLP (CIVIL) DIARY NO. 25076 OF 2019- DATED 16.08.2019 WHEREIN THE HON`BLE SUPREME COURT HAS DISMISSED THE APPEAL OF REVENUE, AS TAX INVOLVED WAS LESS THAN RS. 2 CRORES . HOWEVER, THE REVENUE IS AT LIBERTY TO APPROACH TO THIS TRIBUNAL FOR RECALLING THIS ORDER, IF IT IS COMES TO THE NOTICE OF THE AO THAT THE TAX EFFECT IS MORE THAN THE MONETARY LIMIT PROVIDED UNDER ABOVE CIRCULAR OR THE APPEALS IS FALL WITHIN AMBIT OF THE EXCEPTIONS PROVIDED UNDER THE SAID CIR CULAR. 3. IN THE RESULT, THE APPEAL OF THE REVENUE IS STANDS DISMISSED. 4. THE ORDER PRONOUNCED IN THE OPEN COURT ON 14.11.201 9 (SUCHITRA KAMBLE) (O.P .MEENA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 14 TH NOVEMBER, 2019/OPM COPY OF ORDER SENT TO- ASSESSEE/AO/PR. CIT/ CIT (A) / ITAT (DR)/GUARD FILE OF ITAT. BY ORDER ASSISTANT REGISTRAR, ITAT: DELHI BENCHES-DELHI