ACIT, New Delhi V. Sh. Lalit Mohan Madan Prop., New Delhi

ITA 6684/DEL/2015

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 3125 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 2 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-02-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2011-2012
• Appeal Filed On: 17-12-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: KUNDAN GUPTA
• Assessee Lawyers: SHR S S RANA
• Keywords: Tax effect

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH G NEW DLEHI BEFORE SHRI G.D. AGRAWAL, PRESIDENT AND SHRI K. NARASIMHA CHARY, JUDICIAL MEMBER I.T.A. NO. 6684/DEL/2015 ASSESSMENT YEAR: 2011-12 ASSTT. COMMISSIONER OF INCOME-TAX VS. SHRI LALI T MOHAN MADAN PROPERTIES, CIRCLE 62(1), NEW DELHI. M/S SARASWATI CONSTRUCT ION, B-26-27, 4 TH FLOOR, COMMUNITY CENTRE, JANAKPURI, NEW DELHI. (PAN: AAQPM2653P) (APPELLANT) (RESPONDENT) APPELLANT BY: SHRS.S. RANA, CIT DR DEPARTMENT BY: S/SHRI MANOJ GUPT A, CA & KUNDAN GUPTA, CA ORDER DATE OF HEARING: 27.02.2018 DATE OF PRONOUNCEMENT: 28.02.2018 PER K. NARASIMHA CHARY, JM THIS APPEAL OF THE ASSESSEE IS FILED AGAINST THE OR DER DATED 12 TH OCTOBER, 2015 OF THE COMMISSIONER OF INCOME-TAX (APPEALS)-20, NEW DELHI {HEREINAFTER REFERRED TO AS CIT(A)} IN APPEAL NO.140/2014-15. 2. AT THE OUTSET, LEARNED AR BROUGHT TO OUR NOTICE THAT SINCE THE GROSS TAX LIABILITY IN THIS CASE IS RS.9,42,349/-, WHICH IS L ESS THAN RS. 10 LACS SQUARELY FALLS WITHIN THE AMBIT OF CIRCULAR NO. 21 / 2015 DATED 10 .12.2015 PRESCRIBING THE TAX EFFECT FOR PREFERRING APPEALS BEFORE TRIBUNAL BY THE REVENUE. 3. AFTER PERUSING THE MATERIALS AVAILABLE ON RECOR D, WE FIND THAT THE ADDITIONS DISPUTED BEFORE US IS BELOW THE TAX EFFECT LIMIT PR ESCRIBED BY CBDT VIDE CIRCULAR NO. 2 21 / 2015 DATED 10.12.2015 FOR PREFERRING APPEALS B EFORE TRIBUNAL BY THE REVENUE. ON PERUSAL OF THE CIRCULAR NO. 21 / 2015 DATED 10.1 2.2015 AND THE MATERIALS AVAILABLE ON RECORD, LD. DR COULD NOT POINT OUT WHE THER THIS CASE FALLS UNDER ANY OF THE EXCEPTION AS PROVIDED IN THE CIRCULAR DESPITE S PECIFIC OPPORTUNITY WAS GIVEN, DOES NOT FALL UNDER ANY OF THE EXCEPTIONS CONTEMPLAT ED IN THE SAID CIRCULAR, AS THIS IS COVERED. WE ALSO FIND THAT THE CIRCULAR MAKES IT V ERY CLEAR THAT THE REVISED MONETARY LIMITS SHALL APPLY RETROSPECTIVELY TO PENDING APPEALS ALSO. WE FIND THAT THE CIRCULAR IS BINDING ON THE TAX AUTHORITIES. THIS PO SITION HAS BEEN CONFIRMED BY THE HONBLE APEX COURT IN THE CASE OF COMMISSIONER OF C USTOMS VS INDIAN OIL CORPORATION LTD REPORTED IN 267 ITR 272 (SC). HENCE, WE HOLD THAT THE APPEAL OF THE REVENUE DESERVES TO BE DISMISSED IN TERMS OF LOW TAX EFFECT VIDE CIRCULAR NO.21 / 2015 DATED 10.12.2015. ACCORDINGLY, THIS BEING A LOW TAX EFFEC T CASE, WE DISMISS THIS APPEAL OF REVENUE IN LIMINE, AS UNADMITTED, WITHOUT GOING INT O THE MERITS OF THE CASE. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS THE 28 TH DAY OF FEBRUARY, 2018. SD/- SD/- (G.D. AGRAWAL) (K. NARASIMHA CHARY) PRESIDENT JUDICIAL MEMBER DATED: 28 TH FEBRUARY, 2018 VJ COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT BY ORDER ASSTT. REGISTRA R