DCIT, New Delhi V. M/s. Paras Dyes & Chemicals Pvt. Ltd., New Delhi

ITA 6468/DEL/2015

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 6769 (ITAT-DELHI)
• Duration Of Justice: 7 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-07-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 21-07-2016
• Assessment Year: 2012-2013
• Appeal Filed On: 07-12-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AMRIT LAL
• Keywords: Tax effect

Judgement Text

+1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH C NEW DELHI BEFORE SHRI S.V. MEHROTRA : ACCOUNTANT MEMBER AND SHRI C.M. GARG : JUDICIAL MEMBER ITA NO. 6468/DEL/2015 A.Y. 2012-13 DCIT, CIRCLE 19(2) VS. PARAS DYES & CHEMICALS PVT. LTD., NEW DELHI. B-82, BLOCK-B, BHISHMA PITAMAH MARG, NEW DELHI PAN: AAFCP 6057 L ( APPELLANT ) ( RESPONDENT ) APPELLANT BY : SHRI AMRIT LAL SR. DR RESPONDENT BY : NONE DATE OF HEARING : 21-07-2016 DATE OF ORDER : 25-07-2016. O R D E R PER S.V. MEHROTRA, A.M:- THIS IS REVENUES APPEAL AGAINST THE ORDER DATED 28.09.2015, PASSED BY THE LD. CIT(A)-VII, NEW DELHI, RELATING TO A.Y. 201213. 2. SOLE GROUND RAISED BY THE REVENUE IN ITS APPEAL, ARE AS UNDER: O N THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, T HE LD. CIT(A) HAS ERRED IN LAW IN DELETING THE ADDITION OF RS. 14,14,942/- TREATING THE NOTIFICATION NO. 56/2012 D ATED 31.12.2012 EFFECTIVE FROM 01.01.2013 FOR THE DEDUCT ION OF TAX PAYMENT TO INDIAN BANK UNDER THE INCOME-TAX ACT, 19 61 AS MERELY OF A CLARIFICATORY IN NATURE. 3. NONE PUT IN APPEARANCE ON BEHALF OF THE ASSESSEE AT THE HEARING. WE PROCEED TO DISPOSE OF THE REVENUE APPEAL, EX PARTE, QUA THE ASSESSEE. +2 4. LD. DR AT THE OUTSET SUBMITTED THAT, PRIMA FACIE , THE TAX EFFECT INVOLVED IN THE PRESENT APPEAL IS LESS THAN RS. 10 LAKHS. THEREFORE, IN TERMS OF CBDT CIRCULAR NO. 21/2015 DATED 10.12.2015, STI PULATING THAT NO DEPARTMENTAL APPEAL, INVOLVING TAX EFFECT BELOW RS .10 LAKHS, SHALL BE FILED BEFORE THE ITAT AND FURTHER THAT SUCH INSTRUCTION W OULD APPLY RETROSPECTIVELY AND THE PENDING APPEALS BELOW THE S PECIFIED TAX LIMIT OF RS.10 LAKH MAY BE WITHDRAWN/NOT PRESSED, THE DEPART MENT MAY BE ALLOWED TO WITHDRAW THE APPEAL, PROVIDED THAT IT SHOULD NOT BE CONSIDERED AS A PRECEDENT IN THE SUBSEQUENT YEARS OF THE ACCEPTANCE OF ISSUES INVOLVED IN THIS APPEAL AND, THEREFORE, IF IN THE SUBSEQUENT YEAR SIMILAR I SSUE ARISES BEFORE THE ITAT, WHERE THE APPEAL IS ABOVE THE TAX LIMIT, AS PRESCRI BED IN THE BOARDS CIRCULAR, THE SAME SHOULD BE DECIDED ON MERITS. 5. AFTER HEARING LD. DR, THE DEPARTMENTAL APPEAL IS TREATED AS WITHDRAWN IN TERMS OF BOARDS CIRCULAR, REFERRED TO ABOVE. 6. IN THE RESULT, REVENUES APPEAL IS DISMISSED HAV ING BEEN WITHDRAWN. ORDER PRONOUNCED IN OPEN COURT ON 25-07-2016. SD/- SD/- ( C.M. GARG ) ( S.V. MEHROTRA ) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 25-07-2016. MP: C OPY TO : 1. ASSESSEE 2. AO 3. CIT 4. CIT(A) 5. DR