ACIT,International Taxation, Circle-2(1)(2), New Delhi V. Rajiv Kathuria, Delhi

ITA 6343/DEL/2017

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 1833 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 8 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-06-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2013-2014
• Appeal Filed On: 13-10-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DR PRABHA KANT
• Assessee Lawyers: ANSHUL SACHAR
• Keywords: Tax effect

Judgement Text

1 THE INCOME TAX APPELLATE TRIBUNAL, DELHI D BENCH, NEW DELHI [THROUGH VIDEO CONFERENCE] BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER, AND SHRI SUDHANSHU SRIVASTAV A, JUDICIAL MEMBER ITA NO. 6343/DEL/2017 [ASSESSMENT YEAR: 2013-14] THE A.C.I.T VS SHRI RAJIV KATHURIA CIRCLE 2(1)(2), B-14, SHAKTI APARTMENT INTERNATIONAL TAXATION ROHINI, DELHI PAN: AAFPK 3697 J [APPELLANT] [RESPONDENT] DATE OF HEARING : 29.06.2021 DATE OF PRONOUNCEMENT : 29.06.2021 ASSESSEE BY : SHRI ANSHUL SACHAR, CA REVENUE BY : DR. PRABHA KANT, CIT-DR ORDER PER N.K. BILLAIYA, ACCOUNTANT MEMBER, THIS APPEAL BY THE REVENUE IS PREFERRED AGAINST THE ORDER OF THE LD. CIT(A) 43, NEW DELHI DATED 24.08.2017 PERTAIN ING TO ASSESSMENT YEAR 2013-14. 2 2. A PERUSAL OF THE GRIEVANCE OF THE REVENUE SHOWS THAT THE TAX EFFECT WOULD BE LESS THAN RS. 50 LAKHS, THEREFORE, THIS APPEAL IS NOT MAINTAINABLE AS PER CBDT CIRCULAR NO. 17/2019 DATED 08.08.2019. 3. THIS APPEAL IS, ACCORDINGLY, DISMISSED WITH LIBE RTY TO THE REVENUE TO APPROACH THE TRIBUNAL AS PER THE PROVISIONS OF L AW, SHOULD IT FEEL THAT THE TAX EFFECT IS MORE THAN RS. 50 LAKHS. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IN ITA NO. 6343/DEL/2017 IS DISMISSED. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 29.06. 2021 IN THE PRESENCE OF BOTH THE REPRESENTATIVES. SD/- SD/- [SUDHANSHU SRIVASTAVA ] [N.K. BILLAIYA] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 29 TH JUNE, 2021 VL/ COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3 3. CIT ASST. REGISTRAR 4. CIT(A) ITAT, NEW DELHI 5. DR DATE OF DICTATION DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.PS/PS DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.PS/PS DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT DATE ON WHICH THE FILE GOES TO THE BENCH CLERK DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER