ITO(E), New Delhi V. M/s. Sadhu Vaswani Mission, New Delhi

ITA 6386/DEL/2013

• Counselvise Citation: 638620114 RSA 2013
• Duration Of Justice: 2 year(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-12-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 19-11-2015
• Assessment Year: 2007-2008
• Appeal Filed On: 02-12-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: S C GOYEL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH D , NEW DELHI BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER AND SHRI KULDIP SINGH , JUDICIAL MEMBER ITA NO. 6386 /DEL/201 3 AY: 200 7 - 08 ITO(E), TRUST WARD 1 VS. SADHU VASWANI MISSION NEW DELHI 2 ND STREET, SHANTI NIKETAN NEW DELHI 110 021 PAN: AAATS 0888C (APPELLANT) (RESPONDENT) APPELLANT BY : MS.RISHPAL BEDI, SR.D.R. RESPONDENT BY : SH. S.C.GOYEL, C.A. ORDER PER J. SUDHAKAR REDDY, ACCOUNTANT MEMBER THIS IS AN APPEAL FILED BY THE REVENUE DIRECTED AGAINST THE ORDER OF THE LD.COMMISSIONER OF INCOME TAX (APPEALS) DATED 17.9.2013 PERTAINING TO THE ASSESSMENT YEAR (A.Y.) 2007 - 08. 1.1. THE TAX EFFECT IN THIS APPEAL BY THE REVENUE DOES NOT EXCEED THE MONETARY LIMIT OF RS.10 LAKHS SPECIFIED IN CIRCULAR NO.21/2015 DATED 10 TH DECEMBER,2015, F.NO. 279/MISC./142/ 2007 - ITJ(PT.). 2. W E ARE OF THE OPINION THAT THE CIRCULAR OF THE CBDT RESULTS IN THE REVENUE APPEAL BEING NOT MAINTAINABLE. FURTHER THIS CBDT CIRCULAR, AT PARA 10 SPECIFIES THAT THE INSTRUCTION WILL APPLY RETROSPECTIVELY, TO ALL PENDING APPEALS. WE HA VE EXAMINED THE GROUNDS OF APPEAL AND HAVE FOUND THAT THE TAX EFFECT ON THE QUANTUM OF INCOME IN DISPUTE IS BELOW THE MONETARY LIMIT OF RS.10,00,000/ - (TEN LAKHS ONLY). ITA NO. 6386/DEL/2013 A.Y. 2007 - 08 SADHU VASWANI MISSION, N.DEL. 2 2.1. HENCE WE DISMISS THIS APPEAL FILED BY THE REVENUE ON THE GROUND THAT THE TAX EFFE CT IN THE PRESENT APPEAL DOES NOT EXCEED THE MONETARY LIMIT SPECIFIED BY THE CBDT CIRCULAR NO. .21/2015 DATED 10 TH DECEMBER,2015, F. NO. 279/MISC./142/2007 - ITJ(PT.) AND HENCE NOT MAINTAINABLE. 2.2. IN CASE THERE IS A MISTAKE IN THE CALCULATION OR IF THE CA SE IS COVERED BY ANY OF THE EXCEPTION SPECIFIED IN THE CIRCULAR THE REVENUE MAY FILE A MISC. APPLICATION U/S 254(2) OF THE INCOME TAX ACT 1961 POINTING OUT THE MISTAKE AND IF THE BENCH IS CONVINCED OF THE MISTAKE, THIS ORDER WILL BE RECALLED AND THE APPEA L RESTORED FOR FRESH DISPOSAL ON MERITS. 2. 3 . EVEN OTHERWISE THE ISSUE IN THIS CASE IS COVERED IN FAVOUR OF THE ASSESSEE AND AGAINST THE REVENUE BY THE DECISION OF THE DELHI G BENCH OF THIS TRIBUNAL IN ITA 6356/DEL/13 FOR THE A.Y. 2008 - 09 , IN THE ASSESSEE S OWN CASE VIDE ORDER DT. 11.9.2015. HENCE ON MERITS ALSO THIS APPEAL OF THE REVENUE HAS TO BE DISMISSED. 3. IN THE RESULT REVENUE S APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 31 ST DECEMBER, 2015 . SD S D/ - ( KULDIP SINGH ) (J. SUDHAKAR REDDY) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 31 ST DECEMBER, 2015 MANGA ITA NO. 6386/DEL/2013 A.Y. 2007 - 08 SADHU VASWANI MISSION, N.DEL. 3 COPY FORWARDED TO: - 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(A) 5 . DR, ITAT TRUE COPY BY ORDER, ASSISTANT REGISTRAR