DCIT, New Delhi V. M/s. Khemka Shrey Leisure Pvt. Ltd., New Delhi

ITA 6382/DEL/2015

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 4353 (ITAT-DELHI)
• Duration Of Justice: 5 year(s) 9 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-09-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2011-2012
• 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 B NEW DELHI BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER I.T.A. NO.6382/DEL/2015 ASSESSMENT YEAR: 2011-2012 DCIT, CENTRAL CIRCLE-18, NEW DELHI. VS. M/S. KHEMKA SHREY LEISURE PVT. LTD., 301, BAKSHI HOUSE, 40-41, NEHRU PLACE, NEW DELHI. TAN/PAN: AAACK7361B (APPELLANT) (RESPONDENT) APPELLANT BY: SHRI RAJESHWAR PAINULY, CA RESPONDENT BY: SHRI J.K. MISHRA, CIT-DR DATE OF HEARING: 29 09 2021 DATE OF PRONOUNCEMENT: 29 09 2021 O R D E R PER AMIT SHUKLA, JM THE AFORESAID APPEAL HAS BEEN FILED BY THE REVENUE AGAINST THE IMPUGNED ORDER DATED 29.09.2015, PASSED BY LD. COMMISSIONER OF INCOME TAX (APPEALS)-XXVII, NEW DEL HI FOR THE ASSESSMENT YEAR 2011-12. 2. BEFORE US, LD. COUNSEL FOR THE ASSESSEE SUBMITTE D THAT THE TOTAL DISPUTED AMOUNT AS RAISED IN THE REVENUE S APPEAL AMOUNTING TO RS.1,49,87,880/- ON WHICH THE TOTAL TA X EFFECT IS RS.49.49 LAKHS WHICH IS BELOW THE MONETARY PRESCRIB ED LIMIT OF RS.50 LAC AS PER CBDT CIRCULAR NO.17/2019 DATED 08.08.2019, THE APPEAL OF THE REVENUE IS NOT MAINTA INABLE. I.T.A. NO.6382/DEL/2015 2 3. FURTHER CBDT VIDE CLARIFICATION DATED 20.08.2019 HAS CLARIFIED THAT THE AFORESAID CIRCULAR WILL APPLY TO ALL PENDING APPEALS ALSO. ACCORDINGLY, THE APPEAL OF THE REVENU E IS DISMISSED AS NON MAINTAINABLE AS THE TAX EFFECT IS BELOW RS.50 LAKHS. 4. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED. ABOVE DECISION WAS ANNOUNCED ON CONCLUSION OF VIRTUA L HEARING IN THE PRESENCE OF BOTH THE PARTIES ON 29 TH SEPTEMBER, 2021 SD/- SD/- [PRASHANT MAHARISHI] [AMIT SHUKLA] [ACCOUNTANT MEMBER] JUDICIAL MEMBER DATED: 29/09/2021 PKK: