DCIT, New Delhi V. M/s Sahara Investment India Ltd., Lucknow

ITA 681/DEL/2013

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 0740 (ITAT-DELHI)
• Duration Of Justice: 5 year(s) 7 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-09-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 19-01-2017
• Assessment Year: 1993-1994
• Appeal Filed On: 04-02-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH A, NEW DELHI BEFORE SHRI R. K. PANDA, ACCOUNTANT MEMBER AND SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER ITA NO.681/DEL/2013 ASSESSMENT YEAR : 1993-94 DCIT, CENTRAL CIRCLE- 6, NEW DELHI. VS. SAHARA INVESTMENT INDIA LTD., 1, KAPOORTHALA COMPLEX, ALIGANJ, LUCKNOW. PAN : AADCS4472L (APPELLANT) (RESPONDENT) DEPARTMENT BY : SHRI RAGHUNATH, SR.DR ASSESSEE BY : SHRI DINESH VERMA, ADV., SHRI HARDEEP SINGH, CA DATE OF HEARING : 18-09-2018 DATE OF PRONOUNCEMENT : 18-09-2018 O R D E R PER R. K. PANDA, AM : THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINS T THE ORDER DATED 05.11.2012 OF THE CIT(A)- 1, NEW DELHI RELATING TO ASSESSMENT YEAR 1993-94. 2. DELETION OF PENALTY OF RS.12,58,920/- LEVIED BY THE ASSESSING OFFICER U/S 271(1)(C) OF THE I.T. ACT, 1961 IS THE ONLY ISSUE R AISED BY THE REVENUE IN THE GROUNDS OF APPEAL. 3. THE LD. COUNSEL FOR THE ASSESSEE, AT THE OUTSET, SUBMITTED THAT THE TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE IS BE LOW RS.20 LAKHS. THEREFORE, IN VIEW OF THE LATEST CBDT CIRCULAR NO.03/2018 [F.N O.279/MISC.142/2007-ITJ (PT)] DATED 11 TH JULY, 2018 WHICH IS APPLICABLE EVEN TO PENDING APP EALS, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE. 4. THE LD. DR ON THE OTHER HAND FAIRLY ADMITTED THA T THE TAX EFFECT INVOLVED IN THE IMPUGNED APPEAL IS LESS THAN RS.20 LAKHS AND THEREFORE, THE APPEAL FILED 2 ITA NO.681/DEL/2013 BY THE REVENUE HAS TO BE DISMISSED. HE, HOWEVER, R EQUESTED THAT IF AT ANY POINT OF TIME IT IS NOTICED THAT THE CASE OF THE REVENUE FALLS UNDER ANY OF THE AMENDED PARA 10 OF THE CIRCULAR VIDE NOTIFICATION DATED 20. 08.2018, THE REVENUE SHOULD BE ALLOWED TO FILE MISCELLANEOUS APPLICATION FOR RE VIVAL OF THE APPEAL. 5. AFTER HEARING BOTH THE SIDES, WE FIND THE TAX EF FECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE IN THE IMPUGNED APPEA L IS ADMITTEDLY BELOW RS.20 LAKHS. THEREFORE, THE APPEAL FILED BY THE RE VENUE IS NOT MAINTAINABLE IN VIEW OF THE CBDT CIRCULAR NO.03/2018 DATED 11 TH JULY, 2018 WHICH IS APPLICABLE EVEN TO PENDING APPEALS. HOWEVER, IF TH E REVENUE AT ANY POINT OF TIME FINDS THAT THE CASE OF THE REVENUE FALLS UNDER ANY OF THE CLAUSES AS PER AMENDED PARA 10 OF THE SAID CIRCULAR VIDE NOTIFICAT ION DATED 20.08.2018, THE REVENUE IS AT LIBERTY TO FILE MISCELLANEOUS APPLICA TION FOR REVIVAL OF THE APPEAL. 6. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED IN THE TERMS INDICATED ABOVE. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ITSELF I.E. ON THIS 18 TH DAY OF SEPTEMBER, 2018. SD/- SD/- (SUDHANSHU SRIVASTAVA) (R. K. PANDA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 18-09-2018. SUJEET COPY OF ORDER TO: - 1) THE APPELLANT 2) THE RESPONDENT 3) THE CIT 4) THE CIT(A) 5) THE DR, I.T.A.T., NEW DELHI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT, NEW DELHI