DCIT, New Delhi V. M/s. Rio Tinto India P. Ltd., New Delhi

ITA 6608/DEL/2013

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 6642 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 2 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-02-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 09-02-2016
• Assessment Year: 2007-2008
• Appeal Filed On: 12-12-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SHRAYAN GOTRU
• Assessee Lawyers: SANDEEP KARHAIL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH D, NEW DELHI BEFORE SHRI I.C.SUDHIR, JUDICIAL MEMBER AND SHRI L.P.SAHU , ACCOUNTANT MEMBER ITA NO. 66 08/DEL./2013 ASSESSMENT Y EAR : 2007-08 DCIT VS. RIO TINTO INDIA P. LTD. CIR-15(1) APPTT. NO. 100, A/5, GROUND FLOOR NEW DELHI THE CAPITAL COURT OLOF PALME MARG NEW DELHI PAN : AAACR5591A ASSESSEE BY : SHRI SANDEEP KARHAIL, ADV. REVENUE BY : SH. SHRAYAN GO TRU, SR. DR DATE OF HEARING : 24/02/2016 DATE OF PRONOUNCEMENT : 24/02/2016 ORDER PER I.C.SUDHIR, J.M. THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGA INST ORDER OF LD. CIT(A)-XVIII, NEW DELHI DATED 23.09.2013 AND PERTA INS TO ASSESSMENT YEAR 2007-08. 2. THE REVENUE HAS QUESTIONED ACTION OF THE LD. CI T(A) IN DELETING THE PENALTY OF RS. 3,81,930/- LEVIED U/S 271(1)(C) OF T HE ACT. 3. AT THE OUTSET OF THE HEARING IT WAS POINTED OUT BY THE LD. AR THAT THOUGH THE ASSESSEE HAS GOT GOOD CASE ON MERITS AFT ER CONSIDERATION OF WHICH THE LD. CIT(A) HAS DELETED THE PENALTY MAINLY ON TH E BASIS THAT IT CANNOT BE LEVIED ON DISALLOWANCES BUT THE APPEAL IS ALSO NOT MAINTAINABLE AS HAVING TAX ITA NO.6608/DEL/2013 RIO TINTO INDIA P. LTD. 2 EFFECT BELOW RS. 10,00,000/- AS PER THE CBDT CIRCUL AR NO. 21/2015 DATED 10.12.2015. 4. THE LD. SR. DR ON THE OTHER HAND PLACED RELIA NCE ON THE PENALTY OTHER. 5. CONSIDERING THE ABOVE SUBMISSION, WE AGREE WIT H THE PRELIMINARY OBJECTION RAISED BY THE LD. AR THAT THE PRESENT APP EAL PREFERRED BY THE REVENUE HAVING THE TAX EFFECT BELOW RS. 10,00,000/- IS NOT MAINTAINABLE AS THE SAME HAS BEEN PREFERRED BY THE REVENUE IN VIOLATION OF CBDT CIRCULAR NO. 21/2015 DATED 10.12.2015. THIS CIRCULAR IN OUR VIEW IS ALSO HAVIN G STATUTORY FORCE U/S 268(A) OF THE INCOME TAX ACT, 1961 (FOR SHORT ACT). WE T HUS, HOLD THAT THE PRESENT APPEAL PREFERRED BY THE REVENUE IS NOT MAINTAINABLE AND THE SAME IS DISMISSED AS SUCH. 6. IN THE RESULT APPEAL OF THE REVENUE IS DISMIS SED. (ORDER PRONOUNCED IN THE COURT ON 24/02/201 6). SD/- SD/- (L.P.SAHU) (I.C.SUDHIR) ACCOUNTANT MEMEBR JUDICIAL MEM BER DATED: 24 / 02/2016 *BINITA* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITA NO.6608/DEL/2013 RIO TINTO INDIA P. LTD. 3 DATE INITIAL 1. DRAFT DICTATED ON 24.02.2016 2. DRAFT PLACED BEFORE AUTHOR 24.02.2016 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS PS/PS 6. KEPT FOR PRONOUNCEMENT ON PS 7. FILE SENT TO THE BENCH CLERK PS 8. DATE ON WHICH FILE GOES TO THE AR 9. DATE ON WHICH FILE GOES TO THE HEAD CLERK. 10. DATE OF DISPATCH OF ORDER.