DCIT, New Delhi V. M/s. Autoliv India Pvt. Ltd., Bangalore

ITA 6727/DEL/2013

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 86871 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 2 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-03-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 01-03-2016
• Assessment Year: 2008-2009
• Appeal Filed On: 24-12-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJESH KUMAR KEDIA
• Section: 32; 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH D NEW DELHI BEFORE : SHRI I.C. SUDHIR , JUDICIAL MEMBER & SHRI L.P. SAHU, ACCOUNTANT MEMBER ITA NO. 6727/DEL./2013 ASSTT. YEAR : 2008 - 09 D.C.I.T., CIRCLE 2(1), VS. AUTOLIV INDIA PVT. LTD., NEW DELHI. SY. NO. 80/3, CHOKKAHALLI, VILLAGE DODALURU GRAM PANCHAYAT, BANGALURU RURAL, NOSAKOTE, BANGALORE. [PAN: AADCA6222E] (APPELLANT) (RESPONDENT) APPELLANT BY : SH. RAJES H KUMAR KEDIA, D.R. RESPONDENT BY : NONE DATE OF HEARING : 01.03.2016 DATE OF PRONOUNCEMENT : 04 .03.2016 ORDER PER L.P. SAHU, ACCOUNTANT MEMBER: IT IS APPARENT FROM RECORD THAT THE PRESENT APPEAL HAS BEEN PREFERRED BY THE REVENUE AGAINST THE ACTION OF THE LD. CIT(A) - XII, KOLKATA ORDER DATED 08.08.2013 WHEREBY HE HAS DELETED THE ADDITION OF RS. 29,46,972/ - ON ACCOUNT OF DIFFERENCE BETWEEN THE GENERAL LEDGER BALANCE AND SUBSIDIARY LEDGER BALANCE FOR SUNDRY CREDITORS . UNDISPUTEDLY, THE PRES ENT APPEAL HAS BEEN PREFERRED BY THE REVENUE IN VIOLATION OF CBDT CIRCULAR NO. 21/2015 DATED 10.12.2015, WHEREIN THE PECUNIARY LIMIT FOR PREFERRING THE APPEAL BY THE REVENUE BEFORE THE ITAT HAS BEEN PRESCRIBED BEYOND RS.10 LACS. THE ABOVE CIRCULAR ON PECUN IARY LIMIT HAS NOW STATUTORY FORCE WITHIN THE PROVISIONS OF ITA NO. 6727 /DEL./201 3 2 SECTION 268A OF THE IT ACT, HENCE, THE PRESENT APPEAL IS NOT MAINTAINABLE. THE LD. DR MR. RAJESH KUMAR KEDIA REQUESTED THAT WHILE DISMISSING THE APPEAL AS NOT MAINTAINABLE, IT MAY BE MADE CLEAR TH AT THE PRESENT ORDER WILL HAVE NO PRECEDENTIAL VALUE. 2. IN VIEW OF THE ABOVE DISCUSSION, THE PRESENT APPEAL PREFERRED BY THE REVENUE IN VIOLATION OF CBDT CIRCULAR NO. 21/2015 (SUPRA) IS NOT MAINTAINABLE AND HENCE, IT IS DISMISSED AS SUCH MAKING IT CLEAR THAT SINCE THE PRESENT APPEAL HAS NOT BEEN DISPOSED OF ON MERITS OF THE APPEAL, BUT DUE TO ABOVE REASON, IT WILL HAVE NO ANY JUDICIAL PRECEDENCE. 3. IN THE RESULT, THE APPEAL IS DISMISSED AS NOT MAINTAINABLE. ORDER PRONOUNCED IN THE OPEN COURT ON 04.03. 2016 . SD/ - SD/ - ( I.C. SUDHIR ) (L.P. SAHU) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 04.03.2016 *AKS/ - COPY OF ORDER FORWARDED TO: (1) THE APPELLANT (2) THE RESPONDENT (3) COMMISSION ER (4) CIT(A) (5) DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT. REGISTRAR INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES, NEW DELHI