ACIT, Circle- 21(2), New Delhi V. Reyna Infracon Pvt. Ltd., New Delhi

ITA 6405/DEL/2017

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 6847 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 10 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-09-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2014-2015
• Appeal Filed On: 18-10-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI FRIDAY BENCH FRIDAY-A : NEW DELHI (THROUGH VIDEO CONFERENCING) BEFORE SHRI G.S. PANNU, VICE PRESIDENT AND SHRI K.N. CHARY, JUDICIAL MEMBER ITA NO.6405/DEL/2017 ASSESSMENT YEAR : 2014-15 ACIT, CIRCLE-21(2), ROOM NO. 222, 2 FLOOR, C.R. BUILDING, I.P. ESTATE, NEW DELHI 2 VS. M/S REYNA INFRACON PVT. LTD. A-19, H.NO. A1 TO A32, BLOCK-A, WESTEND NEW DELHI 21 PAN : AAFCR9884H (APPELLANT) (RESPONDENT) APPELLANT BY : MS. RAKHI VIMAL, SR. DR RESPONDENT BY : NONE DATE OF HEARING : 11.09.2020 DATE OF PRONOUNCEMENT : 11.09.2020 ORDER PER G.S. PANNU, VP : THIS APPEAL BY THE REVENUE FOR THE ASSESSMENT YEAR 2014- 15 IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(A)-38, NEW DELHI DATED 27.7 .2017. ITA-6405/DEL/2017 2 2. NONE APPEARED ON BEHALF OF THE ASSESSEE. HOWEVER, V IDE LETTER DATED 07.08.2020, THE LEARNED COUNSEL FOR THE ASSESSEE HAS SUB MITTED THAT THE TAX EFFECT IN THIS APPEAL BY THE REVENUE IS BELOW RS. 50 LAKHS. THE CBDT IN ITS CIRCULAR NO.17/2019 DATED 8 AUGUST, 2019 HAS REVISED THE MONETARY LIMIT FOR FILING OF THE DEPARTMENTAL APPEALS TO THE ITAT AT RS. 50 LAKHS. 3. LEARNED SENIOR DR AGREED THAT THE TAX EFFECT IN THIS APPE AL OF THE REVENUE IS BELOW RS. 50 LAKHS. 4. IN VIEW OF THE ABOVE POSITION, WE DEEM IT PROPER TO D ISMISS THE APPEAL OF THE REVENUE IN THE LIGHT OF THE CIRCULAR NO.17/2019 OF THE CBDT DATED 8 AUGUST, 2019, AS NOT MAINTAINABLE. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED. ABOVE DECISION WAS ANNOUNCED ON CONCLUSION OF VIRTUAL HEARING ON 11 SEPTEMBER, 2020. SD/- SD/- (K.N. CHARY) (G.S. PANNU) JUDICIAL MEMBER VICE PRESIDENT SRB. COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT ASSISTANT REGISTRAR ITA-6405/DEL/2017 3