ACIT, Circle- 14(2), New Delhi V. Keshav Power Ltd., New Delhi

ITA 6099/DEL/2017

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 1988 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 2 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-11-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2013-2014
• Appeal Filed On: 28-09-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SANJAY KAPOOR
• Assessee Lawyers: R M MEHTA ADV
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH: D: NEW DELHI) , . ., BEFORE MS. SUSHMA CHOWLA, JM & SHRI R.K. PANDA, AM / ITA NO:- 6099/DEL/2017 / ASSESSMENT YEAR: 2013-14 ACIT, CIRCLE-14(2) .......... /APPELLANT NEW DELHI VS M/S KESHAV POWER LTD., ... ! / RESPONDENT 4, SCINDIA HOUSE, NEW DELHI PAN-AACCK5351M '#$ / APPELLANT BY : SH. SANJAY KAPOOR, SR. DR !'#$ / RESPONDENT BY : SH. R.M. MEHTA, ADV %&''( / DATE OF HEARING : 28.11.2019 )* ''( / DATE OF PRONOUNCEMENT: 29.11.2019 / ORDER PER SUSHMA CHOWLA, JM: THE PRESENT APPEAL FILED BY REVENUE IS AGAINST ORDE R OF CIT(A)-5, DELHI, DATED 31.07.2017 RELATING TO ASSESSMENT YEAR 2013-14 AGAINST THE ORDER PASSED UNDER SECTION 143(3) OF THE INCOME-TAX ACT, 1961 (IN SHORT THE ACT). 2. THE LD. DR FOR THE REVENUE POINTED OUT THAT THE PRESENT APPEAL IS TO BE WITHDRAWN AS THE TAX EFFECT INVOLVED IN THE CASE IS BELOW RS.50 LACS. / ITA NO:- 6099/DEL/2017 PAGE | 2 3. THE CBDT VIDE CIRCULAR NO.17/2019 DATED 08.08.20 19 HAS REVISED THE MONETARY LIMIT FOR FILING THE APPEALS BEFORE TH E TRIBUNAL TO RS.50 LACS. FURTHER, CBDT VIDE LETTER DATED 20.08.2019 HAS ALSO CLARIFIED THAT CIRCULAR NO.17/2019 WOULD BE APPLICABLE TO ALL PENDING APPEA LS. IN SUCH CIRCUMSTANCES, THE PRESENT APPEAL FILED BY THE REVE NUE IN CASE OF LOW TAX EFFECT IS NOT MAINTAINABLE. 4. BEFORE PARTING, WE CLARIFY HERE THAT THE REVENUE SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR RE-INSTITUTION OF APPEAL, IF THE REQUISITE MATERIAL IS BROUGHT TO SHOW THAT THE APPEAL IS PROTECTED BY THE EXCEPTIONS PRESCRIBED IN PARA 10 OF THE CIRCULAR DATED 11.07.2018. 5. IN CONCLUSION, BY APPLYING THE CBDT CIRCULAR DAT ED 08.08.2019 AND LETTER DATED 20.08.2019 (SUPRA), THE CAPTIONED APPE AL OF THE REVENUE IS DISMISSED AS WITHDRAWN/NOT PRESSED. 6. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 29 TH DAY OF NOVEMBER, 2019. SD/- SD/- (R.K. PANDA) (SUSHMA CHOWLA) $(, $(, $(, $(, /ACCOUNTANT MEMBER , , , , /JUDICIAL MEMBER / DATED : 29 TH NOVEMBER, 2019 SH / ITA NO:- 6099/DEL/2017 PAGE | 3 $+' '-.$-'/ COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. ! / THE RESPONDENT; 3. %0 %1 / THE PR. CIT 4. -23 ' 4 4 / DR, ITAT, DELHI 5. 35& / GUARD FILE. $+% $+% $+% $+% / BY ORDER , !-' ' // TRUE COPY // 78,9 , 4 / ITAT, DELHI