ITO, Ward- 2(2), New Delhi V. Alcoa India Pvt. Ltd., New Delhi

ITA 6485/DEL/2017

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 1557 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 1 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-12-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: I
• Assessment Year: 2010-2011
• Appeal Filed On: 26-10-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SURENDER PAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH I-1, NEW DELHI BEFORE SH. H. S. SIDHU, JUDICIAL MEMBER DR. B. R. R. KUMAR, ACCOUNTANT MEMBER (THROUGH VIDEO CONFERENCING) ITA NO. 6485/DEL/2017 : ASSTT. YEAR : 2010-11 INCOME TAX OFFICER, WARD-2(2), NEW DELHI-110002 VS M/S ALCOA INDIA PVT. LTD., 7 TH FLOOR, MERIDIAN COMMERCIAL TOWER NEW DELHI-110001 (APPELLANT) (RESPONDENT) PAN NO. AAFCA9777L ASSESSEE BY : SH. MAYANK PATAWARI, ADV. REVENUE BY : SH. SURENDER PAL, CIT DR DATE OF HEAR ING: 15 . 12 .20 20 DATE OF PRONOUNCEMENT: 15 .12 .20 20 ORDER PER DR. B.R.R. KUMAR, ACCOUNTANT MEMBER: THE PRESENT APPEAL HAS BEEN FILED BY THE REVENUE A GAINST THE ORDER OF THE LD. CIT(A)-42, NEW DELHI, DATED 25 .08.2017. 2. AS PER THE INSTANT CIRCULAR NO. 17/2019 DATED 08 /08/2019 INFORCE, THE CBDT IN SUPERSESSION OF EARLIER INSTRU CTIONS HAS DIRECTED THAT DEPARTMENTS APPEALS BEFORE ITAT SHAL L NOT BE FILED IN CASES WHERE THE TAX EFFECT DOES NOT EXCEED THE MONETARY LIMIT OF RS. 50 LACS. THE TAX WILL NOT IN CLUDE ANY INTEREST THEREON. IT IS FURTHER CLARIFIED THAT EVE N IF IN THE CASE OF AN ASSESSEE, DISPUTED ISSUES ARISE IN MORE THAN ONE ASSESSMENT YEAR, APPEAL CANNOT BE FILED IN RESPECT OF SUCH ASSESSMENT YEAR OR YEARS IN WHICH THE TAX EFFECT IN RESPECT OF DISPUTED ISSUES EXCEEDS THE MONETARY LIMIT SO SPECI FIED. ITA NO. 6485/DEL/2017 ALCOA INDIA PVT. LTD. 2 3. ADMITTEDLY, IN THE DEPARTMENTAL APPEAL, THE TAX EFFECT IS LESS THAN RS. 50 LACS, THEREFORE, DEPARTMENTAL APPE AL IS NOT MAINTAINABLE. THE LD. DR COULD NOT BRING TO OUR NO TICE ANY EXCEPTIONS MENTIONED IN THE SAID CIRCULAR. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DIS MISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 15/12/2020. SD/- SD/- (H. S. SIDHU) (DR. B . R. R. KUMAR) JUDICIAL MEMBER ACCOUNTAN T MEMBER DATED: 15/12/2020 *SUBODH* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR