DCIT, New Delhi V. AEZ Infratech P. Ltd., New Delhi

ITA 6379/DEL/2015

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 3551 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 11 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-11-2019
• 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
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: A, NEW DELHI BEFORE SHRI H.S. SIDHU, JUDICIAL MEMBER AND SHRI O.P. KANT, ACCOUNTANT MEMBER ITA NO. 6238/DEL/2015 ASSESSMENT YEAR: 2008-09 DCIT, CENTRAL CIRCLE 18, NEW DELHI ROOM NO. 102, ARA CENTRE, E- 2 JHANDEWALAN EXTN., NEW DELHI VS. M/S SNEREA DEVELOPERS PVT. LTD. 301, BAKSHI HOUSE, 40-41, NEHRU PLACE, NEW DELHI 19 (PAN: AAJCS5849K) (APPELLANT) (RESPONDENT) ITA NO. 6331/DEL/2015 ASSESSMENT YEAR: 2008-09 M/S SNEREA DEVELOPERS PVT. LTD. C/O BGJC & ASSOCIATES RAJ TOWER, G-1, ALAKNANDA COMMUNITY CENTRE, NEW DELHI (PAN: AAJCS5849K) VS. DCIT, CENTRAL CIRCLE 18, NEW DELHI ROOM NO. 102, ARA CENTRE, E-2 JHANDEWALAN EXTN., NEW DELHI (APPELLANT) (RESPONDENT) ITA NOS. 6306 & 6307/DEL/2015 ASSESSMENT YEARS: 2007-08 & 2008-09 DCIT, CENTRAL CIRCLE 18, NEW DELHI ROOM NO. 102, ARA CENTRE, E- 2 JHANDEWALAN EXTN., NEW DELHI VS. M/S VICTORY DUROBUILD PVT. LTD., 301, BAKSHI HOUSE, 40-41, NEHRU PLACE, NEW DELHI 19 (PAN: AACCV3924F) (APPELLANT) (RESPONDENT) ITA NOS. 6333; 6334 & 6335/DEL/2015 2 ASSESSMENT YEARS: 2007-08; 2008-09 & 2009-1 0 M/S VICTORY DUROBUILD PVT. LTD., 301, BAKSHI HOUSE, 40-41, NEHRU PLACE, NEW DELHI 19 (PAN: AACCV3924F) VS DCIT, CENTRAL CIRCLE 18, NEW DELHI ROOM NO. 102, ARA CENTRE, E-2 JHANDEWALAN EXTN., NEW DELHI (APPELLANT) (RESPONDENT) ITA NOS. 6309; 6378 & 6379/DEL/2015 ASSESSMENT YEARS: 2007-08; 2009-10 & 2010-11 DCIT, CENTRAL CIRCLE 18, NEW DELHI ROOM NO. 102, ARA CENTRE, E- 2 JHANDEWALAN EXTN., NEW DELHI VS. M/S AEZ INFRATECH PVT. LTD. 301, BAKSHI HOUSE, 40-41, NEHRU PLACE, NEW DELHI 19 (PAN: AACCK2036M) (APPELLANT) (RESPONDENT) ITA NO. 6337; 6338; 6339 & 6341/DEL/2015 ASSESSMENT YEARS: 2007-08; 2009-10; 2010-11 & 2012- 13 M/S AEZ INFRATECH PVT. LTD. RAJ TOWER, G-1, ALAKNANDA COMMUNITY CENTRE, NEW DELHI (PAN: AACCK2036M) VS. DCIT, CENTRAL CIRCLE 18, NEW DELHI ROOM NO. 102, ARA CENTRE, E-2 JHANDEWALAN EXTN., NEW DELHI (APPELLANT) (RESPONDENT) ITA NOS. 6328 & 6329/DEL/2015 ASSESSMENT YEARS: 2008-09 & 2009-10 M/S STALWART PROPERTIES PVT. LTD., C/O BGJC & ASSOCIATES, RAJ TOWER, G-1, ALAKNANDA COMMUNITY CENTRE, NEW DELHI (PAN: AAICS7039J) VS. DCIT, CENTRAL CIRCLE 18, NEW DELHI ROOM NO. 102, ARA CENTRE, E-2 JHANDEWALAN EXTN., NEW DELHI (APPELLANT) (RESPONDENT) 3 ORDER PER BENCH THE AFORESAID 16 APPEALS HAVE BEEN FILED BY TH E DEPARTMENT AS WELL AS ASSESSEE AGAINST THE SEPARATE IMPUGNED ORDERS PASSED BY THE LD. CIT(A), NEW DELHI RELEVANT TO RESPECTIVE ASSESSMENT YEARS AS MENTIONE D ABOVE. 2. AT THE TIME OF HEARING BOTH THE PARTIES AGREED THAT IN THE AFORESAID REVENUE APPEALS THE TAX EFFECT INVOLVED IS LESS THAN RS. 50 LACS AND THEREFORE, THE SAME SHOULD BE DISMIS SED. AT THE SAME TIME, LD. AR FOR THE ASSESSEE MADE A STATE MENT THAT THE CROSS APPEALS FILED BY THE ASSESSEES IN THE AFO RESAID REVENUE APPEALS MAY ALSO BE DISMISSED AS WITHDRAWN , BECAUSE THE DEPARTMENTAL APPEALS ARE BEING DISMIS SED ON ACCOUNT OF LOW TAX EFFECT. HE FURTHER SUBMITTED THA T THE ASSESSEES ITA NO. 6335/DEL/2015 (AY 2009-10) - VI CTORY DUROBUILD PVT. LTD. VS. ACIT AND 6328 & 6329/DEL/2015 (AYRS 2008-09 & 2009-10) STALWARD PROPERTIES PVT. LTD. V S. ACIT, AS AFORESAID, MAY ALSO BE DISMISSED AS WITHDRAWN B Y DEPARTMENT BY SHRI SUBHAKANT SAHU, SR. DR. ASSESSEE BY SHRI RAJESHWAR PRASAD, CA & SH. S.P. SINGH, SR. DR. 4 ENDORSING HIS REMARKS ON THE RESPECTIVE GROUNDS OF APPEALS OF THESE 03 APPEALS. 3. KEEPING IN VIEW OF THE STATEMENTS MADE BY BOTH T HE PARTIERS AND IN VIEW OF THE INSTRUCTIONS OF CBDT CI RCULATED VIDE CIRCULAR NO.17/2019 DATED 08.08.2019 AS WELL AS DECIS ION DATED 14 TH AUGUST, 2019 OF THE ITAT, AHEMEDABAD A BENCH PASSED IN THE CASE OF INCOME TAX OFFICER, WARD 3(2), AHMEDABAD VS. DINESH MADHVLAL PATEL AND 627 OTHERS P ASSED IN ITA NO. 1398/AHD/2004 (AY 1998-99), ALL THE RE VENUE APPEAL AND ASSESSEES APPEALS ARE DISMISSED. 4. IN THE RESULT, ALL THE 16 APPEALS FILED BY THE DEP ARTMENT AS WELL AS ASSESSEE STAND DISMISSED. THE DECISION IS PRONOUNCED ON 14.11.2019. SD/- SD/- (O.P. KANT) (H.S. SIDHU) ACCOUNTANT MEMBER JUDICIAL MEMB ER DATED: 14.11.2019 SRB COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ASSTT. REGISTRAR, ITAT, NEW DELHI