DCIT, New Delhi V. M/s. Greenfield Estate, Gurgaon

ITA 6372/DEL/2015

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 6676 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 7 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-07-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2010-2011
• Appeal Filed On: 02-12-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIJAY KUMAR JIWANI
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH B , NEW DELHI BEFORE S H. R. K. PANDA , ACCOUNTANT MEMBER AND SMT. BEEN A. PILLAI, JUDICIAL MEMBER ITA NO. 6372 /DEL/201 5 ASSESSMENT YEAR: 20 1 0 - 1 1 DCIT CENTRAL CIRCLE - 18 , ROOMNO.32 7 , IIIRD FLOOR, JHANDEWALAN EXTN., NEW DELHI - 110055 VS GREENFIELD ESTATE A - 60, SUSHANT LOK, PHASE - 3, SECTOR - 37, GURGAON PAN AAIFG63697A (APPELLANT) (RESPONDENT) APPELLANT BY SH. VIJAY KUMAR JIWANI , SR. DR RESPONDENT BY NONE DATE OF HEARING: 30 / 07 / 2018 DATE OF PRONOUNCEMENT: 30 / 0 7 /2018 ORDER PER R.K. PANDA, AM: 1. THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 12.05.2015 OF THE CIT(A) - 1 , GURGAON RELATING TO A. Y. 201 0 - 1 1 . 2. NONE APPEARED ON BEHALF OF THE ASSESSE E AT THE TIME OF HEARING . T HEREFORE, THIS APPEAL IS BEING DISPOSED OF ON THE BASIS OF MATERIAL AVAILABLE ON RECORD AND AFTER HEARING THE LD. DR. 2 3. THE LD. DR FAIRLY CONCEDED THAT THE TAX EFFECT INVOLVED IN THE APPEAL FILED BY THE REVENUE IS BELOW RS.20, 00,000/ - . THE CBDT VIDE CIRCULAR NO.03/2018 [F.NO.279/MISC.142/2007 - ITJ (PT.)] DATED 11.07.2018 HAS REVISED THE MONETARY LIMIT TO RS.20,00,000/ - FOR FILING OF THE APPEALS BY THE DEPARTMENT BEFORE ITAT. AS PER PARA 3 OF THE SAID CIRCULAR IT IS ALSO CLARIFIE D THAT THE PENDING APPEALS OF THE DEPARTMENT BEFORE ITAT HAVING MONETARY LIMIT OF RS. 20,00,000/ - WILL BE TREATED AS WITHDRAWN. SINCE IN THE INSTANT CASE THE TAX EFFECT IS ADMITTEDLY BELOW RS. 20,00,000/ - , THEREFORE, IN VIEW OF THE LATEST CBDT CIRCULAR CIT ED (SUPRA) THE APPEAL FILED BY THE REVENUE IS DISMISSED. 4. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER P RONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ITSELF I.E. ON 30 .0 7 .2018. SD/ - SD/ - (BEENA A. PILLAI) ( R.K. PANDA ) JUDICIAL MEMBER ACCOUNTANT MEMBER *NEHA* DATE: - 30 .0 7 .2018 COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(APPEALS) 5 . DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI 3 DATE OF DICTATION 30 .07.2018 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 30.07.2018 DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.PS/PS 30.07.2018 DATE ON WHIC H THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT 30.07.2018 DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/ PS 30.07.2018 DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT 30.07.2018 DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 30.07.2018 DATE ON WHICH FILE GOES TO THE HEAD CLERK. THE DATE ON WHICH FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER 4