ITO, Ward- 3(1), Noida V. Rajeev Kumar Baliyan, Greater Noida

ITA 64/DEL/2018

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 7202 (ITAT-DELHI)
• Duration Of Justice: 6 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-07-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 03-01-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S L ANURAGI
• Assessee Lawyers: RAKESH K SEHGAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES SMC : DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER ITA.NO.64/DEL./2018 ASSESSMENT YEAR 2009-2010 THE INCOME TAX OFFICER, WARD-3(1), ROOM NO.408, A-2D, AAYAKAR BHAVAN, SECTOR-24, NOIDA 201 301 UTTAR PRADESH. VS. SHRI RAJEEV KUMAR BALIYAN, H.NO.G-653, ALPHA-II, GREATER NOIDA. PIN 201 308. PAN AGGPB7716G (APPELLANT) (RESPONDENT) FOR REVENUE : SHRI S.L. ANURAGI, SR. D.R. FOR ASSESSEE: SHRI RAKESH K. SEHGAL, C.A. DATE OF HEARING : 11 .0 7 .2018 DATE OF PRONOUNCEMENT : 11 .0 7 .2018 ORDER THIS APPEAL BY REVENUE HAS BEEN DIRECTED AGAINST THE ORDER OF THE LD. CIT(A)-1, NOIDA, DATED 30.06.2017, FOR THE A.Y. 2009-2010. 2. IN THIS CASE, THE A.O. MADE ADDITION OF RS.11,24,400/- UNDER THE HEAD SHORT TERM CAPITAL G AINS. THE LD. CIT(A) ALLOWED THE APPEAL OF ASSESSEE BECAUSE A SSESSMENT 2 ITA.NO.64/DEL./2018 SHRI RAJEEV KUMAR BALIYAN, GREATER NOIDA. WAS FRAMED WITHOUT ASSUMING JURISDICTION UNDER SECT ION 143(2) OF THE I.T. ACT AND THEREFORE, BAD IN LAW. 3. ADMITTEDLY, THE TAX EFFECT IN THE PRESENT APPEA L IS LESS THAN RS.10 LAKHS. VIDE CIRCULAR NO.21/2015 DATED 10 TH DECEMBER, 2015 ISSUED BY CBDT, IT HAS BEEN DIRECTED THAT THE DEPARTMENT SHALL NOT FILE APPEAL BEFORE THE TRIBUNA L IN CASE WHERE THE TAX EFFECT DOES NOT EXCEED THE MONETARY L IMIT OF RS.10 LAKHS. IT IS ALSO DIRECTED THAT THIS INSTRUCTION WI LL APPLY RETROSPECTIVELY TO PENDING APPEALS AND APPEALS TO B E FILED HENCEFORTH IN TRIBUNALS. PENDING APPEALS BELOW THE SPECIFIED TAX LIMIT MAY BE WITHDRAWN/NOT PRESSED. THE LD. D.R . IN VIEW OF THE BOARDS CIRCULAR ABOVE DID NOT PRESS THE DEP ARTMENTAL APPEAL. THE CASE OF THE DEPARTMENT WOULD NOT FALL I N THE EXCEPTIONS PROVIDED IN THE ABOVE BOARD CIRCULAR. IN THE RESULT, THE DEPARTMENTAL APPEAL IS NOT MAINTAINABLE AS THE APPEAL IS FILED AGAINST THE BOARD INSTRUCTIONS REFERRED TO AB OVE AND THEREFORE, THE APPEAL OF THE DEPARTMENT IS LIABLE T O BE DISMISSED. 4. IN THE RESULT, APPEAL OF THE DEPARTMENT IS DISM ISSED. 3 ITA.NO.64/DEL./2018 SHRI RAJEEV KUMAR BALIYAN, GREATER NOIDA. ORDER PRONOUNCED IN THE OPEN COURT. SD/- (BHAVNESH SAINI) DELHI, DT. 11 TH JULY, 2018. JUDICIAL MEMBER VBP/- COPY TO 1. THE APPELLANT 2. THE RESPONDENT 3. CIT(A) CONCERNED 4. CIT CONCERNED 5. D.R. ITAT SMC BENCH, DELHI 6. GUARD FILE. // BY ORDER // ASSISTANT REGISTRAR : ITAT DELHI BENCHES : DELHI.