ACIT, New Delhi V. M/s ASGS Investments Pvt. Ltd., Delhi

ITA 6682/DEL/2016

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 5897 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 9 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-10-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2011-2012
• Appeal Filed On: 29-12-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SANJAY GOYAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH A , NEW DELHI BEFORE MS. SUSHMA CHO WLA , JUDICIAL MEMBER DR. B. R. R. KUMAR , ACCOUNTANT MEMBER ITA NO. 6682/DEL./2016 : ASSTT. YEAR : 2011 - 12 ASSTT. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 19 , NEW DELHI VS M/S ASGS INVESTMENTS PVT. LTD., PLOT NO. 9, 1 ST FLOOR, SAGAR CENTRE, LSC, GUJRANWALAN TOWN, DELHI - 110009 (APPELLANT) (RESPONDENT) PAN NO. A A HCA0586D ASSESSEE BY : SH. SOMIL AGGRAWAL , ADV. REVENUE BY : SH. SANJAY GOYAL , CIT DR DATE OF HEAR ING: 01 . 10 .201 9 DATE OF PRONOUNCEMENT: 03.10 .201 9 ORDER PER DR. B. R. R. KUMAR , A CCOUNTANT M EMBER : THE PRESENT APPEAL HAS BEEN FILED BY THE REVENUE AGAINST THE ORDER OF THE L D. CIT(A) - 28 , NEW DELHI DATED 24.10.2016 . 2. ACCORDING TO CIRCULAR NO. 17/2019 DATED 08/08/2019, THE CBDT IN SUPERSESSION OF EARLIER INSTRUCTIONS HAS DIRECTED THAT DEPARTMENT S APPEALS BEFORE ITAT SHALL NOT BE FILED IN CASES WHERE THE TAX EFFECT DOES NOT EXCEED THE MONETARY LIMIT OF RS. 50 LACS. THE TAX WILL NOT INCLUDE ANY INTEREST THEREON. IT I S FURTHER CLARIFIED THAT EVEN IF IN THE CASE OF AN ASSESSEE, DIS PUTED 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 SPECIFIED. ITA NO . 6682/DEL/2016 ASGS INVESTMENTS PVT. LTD. 2 3. ADMITTEDLY, IN THE DEPARTMENTAL APPE AL, THE TAX EFFECT IS LESS THAN RS. 50 LACS, THEREFORE, DEPARTMENTAL APPEAL IS NOT MAINTAINABLE. THE LD. DR COULD NOT BRING TO OUR NOTICE ANY EXCEPTIONS MENTIONED IN THE SAID CIRCULAR. 4 . IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED . (ORDER PRO N OUNC ED IN THE OPEN COURT ON 03/10 /2019). SD/ - SD/ - ( S USHMA CHO WLA ) ( DR. B. R. R. KUMAR ) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 03/10 /2019 *SUBODH* COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(APPEALS) 5 . DR: ITAT ASSISTANT REGISTRAR