DCIT, New Delhi V. M/s. Dharampal Premchand Ltd., New Delhi

ITA 6810/DEL/2014

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 4284 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 9 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-09-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 17-12-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH B, NEW DELHI BEFORE SHRI. AMIT SHUKLA, JUDICIAL MEMBER & SHRI WASEEM AHMED, ACCOUNTANT MEMBER I.T.A. NO.6810/DEL/2014 ASSESSMENT YEAR: 2009-10 DCIT CENTRAL CIRCLE 29 NEW DELHI V. DHARAMPAL PREMCHAND LTD. 4873, CHANDNI CHOWK NEW DELHI TAN/PAN:AAACD1952B (APPELLANT) (RESPONDENT) APPELLANT BY: SHRI ANSHU PRAKASH, D.R. RESPONDENT BY: SHRI G. N. GUPTA, A.R. DATE OF HEARING: 25 09 2017 DATE OF PRONOUNCEMENT: 25 09 2017 O R D E R PER AMIT SHUKLA, J.M.: THE AFORESAID APPEAL HAS BEEN FILED BY THE REVENUE AGAINST IMPUGNED ORDER DATED 5/8/2014 PASSED BY THE LD. CIT(A)-XXXIII, NEW DELHI FOR QUANTUM OF ASSESSMENT PASSED UNDER SECTION 153A/143(3) OF THE INCOME TAX ACT, 1961 FOR ASSESSMENT YEAR 2009-10. 2. AT THE OUTSET, LD. SR. DR FAIRLY POINTED OUT THAT THE TAX EFFECT ON THE DISPUTED ISSUE AS HAS BEEN RAISED BY THE REVENUE IN THE GROUNDS OF APPEAL IS MUCH LESS THAN RS.10 LAKHS. WHENCE THE TAX EFFECT ON THE ADDITION ADMITTEDLY IS MUCH LESS THAN RS.10 LAKHS, THEN, IN VIEW OF C.B.D.T. CIRCULAR NO.21/2015 DATED 10/12/2015, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE. IT HAS BEEN FURTHER CLARIFIED IN THE SAID CIRCULAR I.T.A. NO.6810/DEL/2014 2 THAT THE MONETARY LIMIT FOR FILING OF APPEAL WILL APPLY ON ALL THE PENDING APPEALS ALSO. ACCORDINGLY THE APPEAL OF THE REVENUE IS DISMISSED IN-LIMINE WITHOUT GOING TO THE MERITS OF THE CASE. 3. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 25 TH SEPTEMBER, 2017. SD/- SD/- [WASEEM AHMED] [AMIT SHUKLA] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED:25 TH SEPTEMBER, 2017 JJ:2509 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT(A) 4. CIT 5. DR ASSISTANT REGISTRAR DATE 1. DRAFT DICTATED ON 2. DRAFT PLACED BEFORE AUTHOR 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. 5. APPROVED DRAFT COMES TO THE SR.PS/PS 6. KEPT FOR PRONOUNCEMENT ON 7. FILE COMES BACK TO PS/SR. PS 8. UPLOADED ON 9. FILE SENT TO THE BENCH CLERK 10. DATE ON WHICH FILE GOES TO THE AR 11. DATE ON WHICH FILE GOES TO THE HEAD CLERK. 12. DATE OF DISPATCH OF ORDER. I.T.A. NO.6810/DEL/2014 3