ITO, New Delhi V. Sh. Ishwar Chand Bansal, New Delhi

ITA 6412/DEL/2015

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 4819 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 7 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 03-12-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIJAY KR JIWANI
• Assessee Lawyers: N K GOEL CA SHRI YASHU GOEL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH B, NEW DELHI BEFORE SHRI R. K. PANDA, ACCOUNTANT MEMBER AND SMT. BEENA A. PILLAI, JUDICIAL MEMBER ITA NO.6412/DEL/2015 ASSESSMENT YEAR : 2011-12 ITO, WARD- 41(1), NEW DELHI. VS. ISHWAR CHAND BANSAL, 24A/73, WEST PUNJABI BAGH, NEW DELHI. PAN : ADTPB9145R (APPELLANT) (RESPONDENT) C.O. NO.485/DEL/2015 (IN ITA NO.6412/DEL/2015) ASSESSMENT YEAR : 2011-12 ISHWAR CHAND BANSAL, 24A/73, WEST PUNJABI BAGH, NEW DELHI. VS. ITO, WARD- 41(1), NEW DELHI. PAN : ADTPB9145R (APPELLANT) (RESPONDENT) DEPARTMENT BY : SHRI VIJAY KR. JIWANI, SR.DR ASSESSEE BY : SHRI N. K. GOEL, CA SHRI YASHU GOEL, CA DATE OF HEARING : 01-08-2018 DATE OF PRONOUNCEMENT : 01-08-2018 O R D E R PER R. K. PANDA, AM : THE APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 07.09.2015 OF THE CIT(A)- 14, NEW DELHI RELATING TO ASSESSMENT YEAR 2011-12. THE ASSESSEE HAS FILED THE CROSS OBJECTION AGAINST THE APPEAL FILED BY THE 2 ITA NO.6412/DEL/2015 C.O. NO.485/DEL/2015 REVENUE. FOR THE SAKE OF CONVENIENCE, THESE WERE H EARD TOGETHER AND ARE BEING DISPOSED OF BY THIS COMMON ORDER. 2. THE LD. COUNSEL FOR THE ASSESSEE AT THE OUTSET S UBMITTED THAT THE TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE IS BE LOW RS.20 LAKHS. THEREFORE, IN VIEW OF THE LATEST CBDT CIRCULAR NO.03/2018 [F.N O.279/MISC.142/2007-ITJ (PT)] DATED 11 TH JULY, 2018, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE. 3. THE LD. DR ON THE OTHER HAND FAIRLY CONCEDED THA T THE TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE IS ADMITTEDLY BELOW RS.20 LAKHS. 4. WE HAVE HEARD THE RIVAL SUBMISSIONS MADE BY BOTH THE SIDES. IT IS AN ADMITTED FACT THAT THE TAX EFFECT INVOLVED IN THE G ROUNDS RAISED BY THE REVENUE IS LESS THAN RS.20 LAKHS. THEREFORE, IN VIEW OF THE L ATEST CBDT CIRCULAR CITED (SUPRA) RAISING THE MONETARY LIMITS FOR FILING OF T HE APPEALS BEFORE THE TRIBUNAL WHICH IS APPLICABLE EVEN TO PENDING APPEALS, THE AP PEALS FILED BY THE REVENUE ARE DISMISSED. THUS, THE APPEAL FILED BY THE REVEN UE IS DISMISSED. C.O. NO.485/DEL/2015 (BY ASSESSEE) : 5. THE LD. COUNSEL FOR THE ASSESSEE AT THE TIME OF HEARING DID NOT PRESS THE CROSS OBJECTION FILED BY THE ASSESSEE FOR WHICH LD. DR HAS NO OBJECTION. ACCORDINGLY, THE CROSS OBJECTION IS DISMISSED AS NO T PRESSED. 3 ITA NO.6412/DEL/2015 C.O. NO.485/DEL/2015 6. IN THE RESULT, THE APPEAL FILED BY THE REVENUE A ND THE CROSS OBJECTION FILED BY THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ITSELF I.E. ON THIS 01 ST AUGUST, 2018. SD/- SD/- (BEENA A. PILLAI) (R. K. PANDA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 01-08-2018. SUJEET COPY OF ORDER TO: - 1) THE APPELLANT 2) THE RESPONDENT 3) THE CIT 4) THE CIT(A) 5) THE DR, I.T.A.T., NEW DELHI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT, NEW DELHI