DCIT, Gurgaon V. Sh. Rohtas Singh, Gurgaon

ITA 6760/DEL/2015

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 1374 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 8 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-09-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: H
• Assessment Year: 2011-2012
• Appeal Filed On: 23-12-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUGANDHA SHARMA
• Keywords: Tax effect
• Section: 54B; 139(1); 254(2)

Judgement Text

ITA NO.- 6760/DEL/2015 SHRI ROHTAS SINGH. PAGE 1 OF 4 IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH: C: NEW DELHI) BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER AND SHRI ANADEE NATH MISSHRA, ACCOUNTANT MEMBER ITA NO:- 6760/DEL/2015 ( ASSESSMENT YEAR: 2011-12) DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3, GURGAON. VS. SHRI ROHTAS SINGH, L-32/5, DLF PHASE-II, GURGAON, 122001. PAN NO: AHIPS2749B APPELLANT RESPONDENT REVENUE BY : MS. SUGANDHA SHARMA, SR. DR ASSESSEE BY : NONE PER ANADEE NATH MISSHRA, AM (A) THIS APPEAL BY REVENUE IS FILED AGAINST THE ORDER OF LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-2, GURGAON, [LD. CIT(A), FOR SHORT], DATED 21.10.2015 FOR ASSESSMENT YEAR 2011-12. GROUNDS TAKEN IN THIS APP EAL OF REVENUE ARE AS UNDER: 1. ON THE FACTS AND CIRCUMSTANCES OF THE CASE, THE LD. CIT(A) HAS ERRED IN FACTS AND IN LAW IN ALLOWING RELIEF OF RS. 1,19,08,200/- TO THE ASSESSEE. 2. ON THE FACTS AND CIRCUMSTANCES OF THE CASE, THE LD. CIT(A) HAS ERRED IN FACTS AND IN LAW IN DIRECTING TO ALLOW FURTHER DEDUCTION U/S 54B IN RESPECT OF AMOUNT UTILIZED TOWARDS PURCHASE OF AGRICULTURE LAND UP TO THE DATE OF ACTUAL FILING OF RETURN FOR THE AY 2011-12 ON 29.09.2011 AFTER DUE DATE WHEN THE ASSESSEE HAD NEITHER UTILIZED NOR DEPOSITED THE AMOUNT IN CA PITAL GAIN ACCOUNT ON OR ITA NO.- 6760/DEL/2015 SHRI ROHTAS SINGH. PAGE 2 OF 4 BEFORE THE DUE DATE OF FURNISHING OF RETURN UNDER SECTION 139(1) AS REQUIRED UNDER SUB SECTION (2) OF SECTION 54B OF THE INCOME TAX ACT. 3. THAT THE APPELLANT CRAVES FOR PERMISSION TO ADD, DELETE TO AMEND GROUNDS OF APPEAL BEFORE OR AT THE TIME OF HEARING OF APPEAL. (B) AT THE OUTSET, LEARNED SENIOR DEPARTMENTAL REPRESEN TATIVE [LD. SR. DR, FOR SHORT] BROUGHT TO OUR NOTICE, AT THE TIME OF HEARIN G THAT TAX EFFECT IN THIS APPEAL IS BELOW RS. 50,00,000/-. VIDE RECENT CBDT CIRCULAR N O. 17/2019 DATED 08.08.2019 READ WITH EARLIER CBDT CIRCULAR NO. 3 OF 2018, DATED 11. 07.2018, MINIMUM THRESHOLD LIMIT OF TAX EFFECT FOR FILING OF APPEALS BY REVENUE IN INCO ME TAX APPELLATE TRIBUNAL (ITAT, FOR SHORT) HAS BEEN ENHANCED TO RS. 50,00,000/-. IN A SUBSEQUENT CLARIFICATION ISSUED BY CBDT VIDE F.NO. 279/MISC/M-93/2018-ITJ, DATED 20/08 /2019, IT HAS BEEN CLARIFIED BY CBDT THAT THE AFORESAID REVISED MONETARY LIMIT IS A LSO APPLICABLE TO ALL PENDING APPEALS IN ITAT. HAVING REGARD TO THE AFORESAID, THE LD. S R. DR FOR REVENUE DID NOT PRESS THE APPEAL. THEREFORE, THIS APPEAL IS DISMISSED BEING NOT PRESSED AND ALSO BEING NOT MAINTAINABLE HAVING REGARD TO AFORESAID CBDT CIRCUL AR NO. 17/2019 DATED 08.08.2019 READ WITH AFORESAID CBDT CIRCULAR NO. 3 OF 2018 IN THE LIGHT OF AFORESAID CLARIFICATION DATED 20/08/2019. (C) BEFORE LEAVING, WE CLARIFY THAT REVENUE WILL BE AT LIBERTY TO APPROACH INCOME TAX APPELLATE TRIBUNAL U/S 254(2) OF INCOME TAX ACT, 1961 SEEKING RECALL OF THIS ORDER AND, FOR RESTORATION OF THIS A PPEAL IF IT IS FOUND THAT APPEAL OF REVENUE IS NOT COVERED BY AFORESAID CBDT CIRCULA RS DATED 08.08.2019 AND 11.07.2018. ITA NO.- 6760/DEL/2015 SHRI ROHTAS SINGH. PAGE 3 OF 4 (D) IN THE RESULT, THIS APPEAL BY REVENUE IS DISMISSED. OUR DECISION WAS ORALLY PRONOUNCED IN THE OPEN COURT AFTER CONCLUSION OF HE ARING ON THE DATE OF HEARING. NOW, THIS WRITTEN ORDER IS PRONOUNCED IN OPEN COURT ON 11 /9/2019. SD/- SD/- (AMIT SHUKLA) (ANADEE NATH MISSHR A) JUDICIAL MEMBER ACCOUNTANT MEMBE R DATED: 11.09.2019 POOJA/- COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI ITA NO.- 6760/DEL/2015 SHRI ROHTAS SINGH. PAGE 4 OF 4 DATE OF DICTATION DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. PS/PS DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/PS DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT DATE ON WHICH THE FILE GOES TO THE BENCH CLERK DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER