ACIT, CIRCLE- 78(1), NEW DELHI V. V E COMMERCIAL VEHICLES LTD., NEW DELHI

ITA 6613/DEL/2017

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 1995 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-11-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2011-2012
• Appeal Filed On: 01-11-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SANJOG KAPOOR
• Assessee Lawyers: OTHERSAS PER ANNEXURE
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH: FRIDAY-F: NEW DELHI) , . ., BEFORE MS. SUSHMA CHOWLA, JM & SHRI R.K. PANDA, AM / ITA NO:- 6613/DEL/2017 ! ! ! ! / ASSESSMENT YEAR: 2011-12 ACIT, CIRCLE-78(1), .......... '# /APPELLANT NEW DELHI VS M/S V.E. COMMERCIAL VEHICLES LTD., 3 RD FLOOR, SELECT CITY WALK, A-3, DISTRICT . $%'# / RESPONDENT CENTRE, NEW DELHI PAN-AABCE9378F AND 30 OTHERS-AS PER ANNEXURE-1 '#&'( / APPELLANT BY :SH. SANJOG KAPOOR, SR. DR $%'#&'( / RESPONDENT BY :SH. KARAN JAIN, C.A. AND 30 OTHERS-AS PER ANNEXURE-1 )&*+, / DATE OF HEARING : 29.11.2019 -.! &*+, / DATE OF PRONOUNCEMENT: 29.11.2019 / ORDER PER SUSHMA CHOWLA, JM: THE CAPTIONED APPEAL IN ITA NO. 6613/DEL/2017 AND 3 0 APPEALS [AS PER ANNEXURE-1] PREFERRED BY THE REVENUE, HAVE BEEN LISTED BY THE REGISTRY BEFORE THE BENCH ON THE GROUND THAT THEY DO NOT SUR VIVE FOR CONSIDERATION IN VIEW OF THE CBDT CIRCULAR NO. 17/2019 DATED 8 TH AUGUST, 2019. 2 2. THE LD. DR FOR THE REVENUE POINTED OUT THAT THE PRESENT APPEALS ARE TO BE WITHDRAWN AS THE TAX EFFECT INVOLVED IN THE C ASE IS BELOW RS.50 LACS. 3. THE CBDT VIDE CIRCULAR NO.17/2019 DATED 08.08.20 19 HAS REVISED THE MONETARY LIMIT FOR FILING THE APPEALS BEFORE TH E TRIBUNAL TO RS.50 LACS. FURTHER, CBDT VIDE LETTER DATED 20.08.2019 HAS ALSO CLARIFIED THAT CIRCULAR NO.17/2019 WOULD BE APPLICABLE TO ALL PENDING APPEA LS. IN SUCH CIRCUMSTANCES, THE PRESENT APPEAL FILED BY THE REVE NUE IN CASE OF LOW TAX EFFECT IS NOT MAINTAINABLE. 4. BEFORE PARTING, WE CLARIFY HERE THAT THE REVENUE SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR RE-INSTITUTION OF APPEAL, IF THE REQUISITE MATERIAL IS BROUGHT TO SHOW THAT THE APPEAL IS PROTECTED BY THE EXCEPTIONS PRESCRIBED IN PARA 10 OF THE CIRCULAR DATED 11.07.2018. 5. IN CONCLUSION, BY APPLYING THE CBDT CIRCULAR DAT ED 08.08.2019 AND LETTER DATED 20.08.2019 (SUPRA), THE CAPTIONED APPE ALS OF THE REVENUE ARE DISMISSED AS WITHDRAWN/NOT PRESSED. 6. IN THE RESULT, THE APPEALS FILED BY THE REVENUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 29 TH DAY OF NOVEMBER, 2019. SD/- SD/- (R.K. PANDA) (SUSHMA CHOWLA ) (,/ (,/ (,/ (,/ /ACCOUNTANT MEMBER / / / / /JUDICIAL MEMBER / DATED : 29 TH NOVEMBER, 2019 SH 3 (&$*01(0!*2 COPY OF THE ORDER IS FORWARDED TO : 1. '# / THE APPELLANT; 2. $%'# / THE RESPONDENT; 3. 3 4 / THE PR. CIT 4. 056$* 7 7 / DR, ITAT, DELHI 5. 68 ) 2 GUARD FILE. ( ( ( ( / BY ORDER , %0*$* // TRUE COPY // :;/< , 7 AR, ITAT, DELHI