DCIT, New Delhi V. M/s. Pearl Polymers Ltd., New Delhi

ITA 6644/DEL/2013

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 7395 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 8 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-08-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Next Hearing Date: 18-08-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 17-12-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: R K KAPOOR; SS H PRAD I P DINODIA
• Keywords: Retrospective amendment; Tax effect
• Section: 115JB

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : F NEW DELHI BEFORE SH. H.S. SIDHU , JUDICIAL M EMBER AND SH. O.P. KANT , ACCOUNTANT MEMBER ITA NO. 6644 /DEL/ 2013 ASSESSMENT YEAR: 2009 - 10 DCIT, CIRCLE - 14(1), NEW DELHI VS. M/S. PEARL POLYMERS LTD., 204, ROHIT HOUSE, 3, TOLSTOY MARG, NEW DELHI PAN : AAACP0182F (APPELLANT) (RESPONDENT) APPELLANT BY NONE RESPONDENT BY S/S H. PRAD I P DINODIA & R .K. KAPOOR, CA DATE OF HEARING 18.08.2016 DATE OF PRONOUNCEMENT 22.08.2016 ORDER PER O.P. KANT , A. M. : THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF LEARNED COMMISSIONER OF INCOME TAX(APPEALS) DATED 23.09.2013 IN RELATION TO ASSESSMENT YEAR 2009 - 10 , RAISING THE FOLLOWING GROUNDS OF APPEAL: 1. ON THE FACTS & IN THE CIRCUMSTANCES OF THE CASE, THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) HAS ERRED IN DELETING THE ADDITION OF RS. 33,01,445/ - MADE U/S 115JB OF THE ACT IGNORING THE FACTS THAT THE ADDITION WAS MADE BY THE ASSESSING OFFICER AS PER THE PROVISIONS OF SUB - CLAUSE (F) TO EXPLANATION - 1, OF SECTION 115JB OF THE INCOME TAX ACT, 1961. 2. THE APPELLANT CRAVES TO BE ALLOWED TO ADD ANY FRESH GROUNDS OF APPEAL AND/OR DELETE OR AMEND ANY OF THE GROUND OF APPEAL. 2. NONE PRESENT ON BEHALF OF THE REVENUE. 3. WE HAVE HEARD LEARNED AUTHORIZED REPRESENTATIVE AND PERUSED THE RELEVANT MATERIAL ON RECORD. IT IS NOTICED THAT THE CBDT HAS ISSUED CIRCULAR NO. 21 OF 2015 DATED 10.12.2015 WITH RETROSPECTIVE EFFECT, REVISING THE MONETARY LIMIT TO 2 ITA NO. 6644/DEL/2013 AY: 2009 - 10 RS.10,00,000/ - FOR NOT FILING APPEALS BEFORE TH E TRIBUNAL. LEARNED AUTHORIZED REPRESENTATIVE SUPPORTED THE FACT THAT TAX EFFECT INVOLVED IN THE APPEAL IS LESS THAN RS.10,00,000/ - . 3. FROM PARA 10 OF THE ABOVE CIRCULAR, IT IS PALPABLE THAT THE INSTRUCTION IS APPLICABLE TO THE PENDING APPEALS ALSO WITH RETROSPECTIVE EFFECT AND THERE IS A CLEAR - CUT DIRECTION TO THE DEPARTMENT TO WITHDRAW OR NOT PRESS SUCH APPEALS FILED BEFORE THE ITAT, WHEREIN TAX EFFECT IS LESS THAN RS.10,00,000/ - . GOING BY THE PRESCRIPTION OF THE AFORE - NOTED CIRCULAR, WE ARE OF THE VIEW THAT THE REVENUE SHOULD HAVE EITHER NOT FILED THE INSTANT APPEAL BEFORE THE TRIBUNAL OR WITHDRAWN THE SAME AS THE TAX EFFECT IN THIS APPEAL IS ADMITTEDLY LESS THAN THE PRESCRIBED LIMIT I.E. RS. 10,00,000/ - FOR NOT FILING THE APPEAL. ACCORDINGLY , WE DISMIS S THE INSTANT APPEAL W ITHOUT GOING INTO MERITS OF THE CASE. HOWEVER, THE DEPARTMENT IS AT LIBERTY TO FILE THE MISCELLANEOUS APPLICATION, IF THE TAX EFFECT IS F O U N D T O B E MORE THAN THE PRESCRIBED LIMITED OF RS. 10 LACS OR OTHERWISE. 4. IN THE RESULT, THE APPEAL OF TH E REVENUE STANDS DISMISSED. THE DECISION IS PRONOUNCED IN THE OPEN COURT ON 2 2 N D AUGUST , 2016 . S D / - S D / - ( H.S. SIDHU ) ( O.P. KANT ) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 2 2 N D AUGUST , 2016 . RK / - COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ASST. REGISTRAR, ITAT, NEW DELHI