ACIT, CENTRAL CIRCLE- 30, NEW DELHI V. KUBER GRAINS & SPICES PVT. LTD., NEW DELHI

ITA 6452/DEL/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 3726 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 3 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-11-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2016-2017
• Appeal Filed On: 01-08-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 201; 20

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH SMC-I : NEW DELHI (THROUGH VIDEO CONFERENCING) BEFORE SHRI H.S. SIDHU, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER ITA NO. 6452 /DEL/201 9 ASSESSMENT YEAR : 20 16 - 1 7 ASSISTANT COMMISS IONER OF INCOME TAX, CENTRAL CIRCLE-30, NEW DELHI. VS. M/S KUBER GRAINS & SPICES PVT. LTD. KHASRA NO. 1281-1282, KAPASHERA VILLAGE, NEW DELHI 110 037. PAN : AABCK0599G. (APPELLANT) (RESPONDENT) APPELLANT BY : SH. R.K. GUPTA, SR. DR. RESPONDENT BY : SH. P.C. YADAV, ADVOCATE ORDER PER H.S. SIDHU, JM : THIS APPEAL BY THE REVENUE FOR THE ASSESSMENT YEAR 201 6-17 IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(A)-30, NEW DELHI DA TED 20 TH MAY, 2019. 2. AT THE TIME OF HEARING, THE LEARNED COUNSEL FOR T HE ASSESSEE HAS SUBMITTED THAT THE TAX EFFECT IN THIS APPEAL BY THE RE VENUE IS BELOW RS. 50 LAKHS AND ALSO STATED THAT CBDT IN ITS CIRCULAR NO.17/2019 DATED 8 TH AUGUST, 2019 HAS REVISED THE MONETARY LIMIT FOR FILI NG OF THE DEPARTMENTAL APPEALS TO THE ITAT AT RS. 50 LAKHS. HE HAS, THEREFORE, REQUEST ED THAT THE REVENUES APPEAL MAY BE DISMISSED. 3. LEARNED SENIOR DR DID NOT CONTROVERT THE AFORESAID CONTENTION OF THE LD. COUNSEL FOR THE ASSESSEE. 4. IN VIEW OF THE ABOVE POSITION, WE DEEM IT PROPER TO DISMISS THE APPEAL OF THE REVENUE IN THE LIGHT OF THE CIRCULAR NO.17/2019 OF THE CBDT DATED 8 TH AUGUST, 2019, AS NOT MAINTAINABLE. ITA-6452/DEL/2019 2 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSE D. ABOVE DECISION WAS PRONOUNCED ON 09 TH NOVEMBER, 2020. SD/- SD/- ( PRASHANT MAHARISHI ) ( H.S. SIDHU ) ACCOUNTANT MEMBER JUDICIAL MEMBER SRB COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT ASSISTANT REGISTRAR