DDIT (E), New Delhi V. M/s. CB Richard Ellis (Pte) Ltd., New Delhi

ITA 6354/DEL/2013

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 3022 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 5 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-05-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 22-05-2017
• Assessment Year: 2009-2010
• Appeal Filed On: 29-11-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 154

Judgement Text

ITA NO. 6354 /DEL./201 3 ASSESSMENT Y EAR: 2009 - 10 PAGE 1 OF 4 IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH B BENCH NEW DELHI) BEFORE SHRI AMIT SHUKLA , JUDICIAL MEMB E R & SHRI PRASHANT MAHARISHI , ACCOUNTANT MEMBER ITA NO. 6354/DEL./2013 ASSESSMENT YEAR: 2009 - 10 DDIT (E) CIRCLE - 1(1), INTERNATIONAL TAXATION NEW DELHI VS. CB RICHARD ELLIS (PTE) LTD. C/O M/S. CBRE SOUTH ASIA PVT. LTD. GROUND FLOOR, PTI BUILDING, 4 PARLIAMENT STREET NEW DELHI (APPLICANT) (RESPONDENT) (PAN: A A D C C6623K ) REVENUE BY: SHRI ANIL KUMAR SHARMA, SR. DR ASSESSEE BY: NONE DATE OF HEARING 2 2 / 0 5 /201 7 DATE OF PRONOUNCEMENT 22 / 0 5 /201 7 ORDER PER AMIT SHUKLA, JUDICIAL MEMBER : TH E AFORESAID APPEAL HA S BEEN FILED BY THE REVENUE AGAINST IMPUGNED ORDER DATED 0 2 . 9 .201 3 , PASSED BY THE LD. CIT (A PPEALS ) - 29 , NEW DELHI FOR THE QUANTUM OF ASSESSMENT PASSED U/S 143(3)/144C(3) FOR THE A.Y. 2009 - 10. PAGE 2 OF 4 2. THE ASSESSEE IN ITS LETTER HAS ENCLOSED A COPY OF NOTICE OF DEMAND U/S 156 DATED 30.3.2012 , WHEREBY THE ASSESSING OFFICER HAS RECTIFIED AND DETERMINED THE TAX LIABILITY AT RS. 9,02,835/ - ON THE ENTIRE DISPUTED AMOUNT. IN VIEW OF THE AFORESAID DETERMINATION OF TAX LIABILITY BY THE AO , IT IS NOTICED THAT , NOW THE TAX EFFECT IS BELOW THE MONETARY L IMIT PRESCRIBED BY THE INSTRUCTION ISSUED OF THE CBDT FOR FILING THE APPEAL BEFORE THE TRIBUNAL BY THE DEPARTMENT IN WAKE OF CIRCULAR NO. 21/2015 DATED 10.12.2015 , WHICH LAYS DOWN THE MONETARY LIMIT OF TAX EFFECT OF RS. 10 LA KHS ON THE DISPUTED ISSUE. ADMI TTEDLY THIS CIRCULAR/INSTRUCTION ISSUED BY CBDT ISSUED U/S 268A IS APPLICABLE RETROSPECTIVELY TO ALL THE PENDING APPEALS ACCORDINGLY THE APPEAL OF THE REVENUE IS DISMISSED AS ILLUMINE ON ACCOUNT OF NO TAX EFFECT. 3. THE LD. DR SUBMITTED THAT APPARENT LY AO S DETERMINATION OF TAX LIABILITY IN REVISED DEMAND NOTICE IN PURSUANCE OF RECTIFICATION APPLICATION U/S 154 APPEARS TO CORRECT, HOWEVER HE SUBMITTED LIBERTY SHOULD BE GIVEN TO THE DEPARTMENT TO FILE RECTIFICATION APPLICATION IF TAX EFFECT EXCEEDS RS. 10 LAKHS. 4. ON PERUSAL OF THE REVISED DEMAND NOTICE ISSUED B Y THE AO, WE FIND THAT THE TAX EFFECT ON THE DISPUTED IS LESS THAN RS. 10,00,000/ - , THEREFORE, IN VIEW OF AFORESAID CBDT INSTRUCTION THE APPEAL OF THE REVENUE IS NOT MAINTAINABLE AND HENCE DISMISSED IN - LIMINE . HOWEVER REVENUE WOULD BE LIBERTY TO APPROACH T HIS TRIBUNAL, IF THE TAX LIABILITY EXCEEDS MORE THAN RS. 10,00,000/ - . PAGE 3 OF 4 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED. ORDER P RONOUNCED IN THE OPEN COURT ON 2 2 . 0 5 .201 7. S D / - S D / - ( PRASHANT MAHARSHI ) (AMIT SHUKLA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 22 . 0 5 .2017 NARENDER COPY FORWARDED TO: 1) APPELLANT 2) RESPONDENT 3) CIT 4) CIT (APPEALS) 5) DR: ITAT ASSISTANT REGISTRAR DATE DRAFT DICTATED ON 2 2 .0 5 .2017 DRAFT PLACED BEFORE AUTHOR 2 2 .0 5 .2017 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER PAGE 4 OF 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. APPROVED DRAFT COMES TO THE SR.PS/PS 22 . 5 .2017 KEPT FOR PRONOUNCEMENT ON FILE SENT TO THE BENCH CLERK 2 2 . 5 .2017 DATE ON WHICH FILE GOES TO THE AR DATE ON WHICH FILE GOES TO THE HEAD CLERK. DATE OF DISPATCH OF ORDER.