ACIT, Dehradun V. Shri Deepak Nagalia, Dehradun

ITA 6277/DEL/2015

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 4616 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 9 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-09-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: H
• Assessment Year: 2010-2011
• Appeal Filed On: 26-11-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: D NEW DELHI BEFORE SHRI G.D. AGRAWAL, HONBLE PRESIDEN T & SHRI K.N. CHARY, JUDICIAL MEMBER ITA NO.-6277/DEL/2015 ( ASSESSMENT YEAR: 2010-11) ACIT CIRCLE-1, AAYAKAR BHAWAN, 13-A SUBHASH ROAD, DEHRADUN VS DEEPAK NAGALIA 20-B, NEW ROAD, DEHRADUN ADOPN8421B ASSESSEE BY NONE REVENUE BY SH. ARUN KUMAR YADAV, SR. DR ORDER PER K. NARSIMHA CHARY, J.M. REVENUE PREFERRED THIS APPEAL CHALLENGING THE ORDER DATED 24.06.2013 IN APPEAL NO. 318/CIT(A)/DDN/2013-14 PAS SED BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS), DEHRA DUN (HEREINAFTER FOR SHORT CALLED AS THE LD. CIT (A)) . 2. AT THE OUTSET, LEARNED AR BROUGHT TO OUR NOTICE THAT THE QUANTUM INVOLVED IN THIS CASE IS RS. 9,25,500/- AND TAX EFFECT ON THE DISPUTED ADDITION BEFORE US IS LESS THAN RS. 10 LACS SQUARELY FALLING WITH THE AMBIT OF CIRCULAR NO. 21 / 2015 DA TED DATE OF HEARING 19.09.2017 DATE OF PRONOUNCEMENT 19.09.2017 2 10.12.2015 PRESCRIBING THE TAX EFFECT FOR PREFERRIN G APPEALS BEFORE TRIBUNAL BY THE REVENUE. . 3. AFTER PERUSING THE MATERIALS AVAILABLE ON RECOR D, WE FIND THAT THE ADDITIONS DISPUTED BEFORE US IS BELOW THE TAX EFFECT LIMIT PRESCRIBED BY CBDT VIDE CIRCULAR NO. 21 / 2015 DAT ED 10.12.2015 FOR PREFERRING APPEALS BEFORE TRIBUNAL B Y THE REVENUE. ON PERUSAL OF THE CIRCULAR NO. 21 / 2015 DATED 10.1 2.2015 AND THE MATERIALS AVAILABLE ON RECORD, LD. DR COULD NOT POINT OUT WHETHER THIS CASE FALLS UNDER ANY OF THE EXCEPTION AS PROVIDED IN THE CIRCULAR DESPITE SPECIFIC OPPORTUNITY WAS GIVEN , DOES NOT FALL UNDER ANY OF THE EXCEPTIONS CONTEMPLATED IN THE SAI D CIRCULAR, AS THIS IS COVERED. WE ALSO FIND THAT THE CIRCULAR MA KES IT VERY CLEAR THAT THE REVISED MONETARY LIMITS SHALL APPLY RETROS PECTIVELY TO PENDING APPEALS ALSO. WE FIND THAT THE CIRCULAR IS BINDING ON THE TAX AUTHORITIES. THIS POSITION HAS BEEN CONFIRMED B Y THE HONBLE APEX COURT IN THE CASE OF COMMISSIONER OF CUSTOMS V S INDIAN OIL CORPORATION LTD REPORTED IN 267 ITR 272 (SC). HENCE, WE HOLD THAT THE APPEAL OF THE REVENUE DESERVES TO BE DISMISSED IN TERMS OF LOW TAX EFFECT VIDE CIRCULAR NO.21 / 2015 DATED 10. 12.2015. ACCORDINGLY, THIS BEING A LOW TAX EFFECT CASE, WE D ISMISS THIS APPEAL OF REVENUE IN LIMINE, AS UN-ADMITTED, WITHOU T GOING INTO THE MERITS OF THE CASE. 3 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 19.09.2017 SD/- SD/- (G.D. AGRAWAL) (K. NARSIMHA C HARY) PRESIDENT JUDICIAL MEMBE R DATED: 19.09.2017 *KAVITA ARORA COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT TRUE COPY ASSISTANT REGISTRAR ITAT NEW DELHI