ITO, New Delhi V. M/s. Him Motors Pvt. Ltd., New Delhi

ITA 6824/DEL/2014

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 4535 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 8 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-09-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2007-2008
• Appeal Filed On: 18-12-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ARUN KUMAR YADAW
• Keywords: Tax effect

Judgement Text

IN THE INCOME - TAX APPELLATE TRIBUNAL, DELHI BENCH C , NEW DELHI BEFORE : SHRI H.S. SIDHU JUDICIAL MEMBER AND SHRI L.P. SAHU, ACCOUNTANT MEMBER , ITA NO. 6824 /DEL./2014 ASSESSMENT YEAR: 20 07 - 08 ITO WARD 12( 4 ), NEW DELHI. (APPELLANT) VS. HIM MOTORS PRIVATE LTD. D 09 , UDYOG NAGAR , ROHTAK ROAD , NEW DELHI. PIN 110024 (PAN: AA ACH8992D ) (RESPONDENT) REVENUE BY SH. ARUN KUMAR YADAW , SR. D.R. ASSESSEE BY NONE ORDER PER L.P. SAHU, A.M.: THIS APPEAL BY THE REVENUE ARISE S OUT OF THE ORDER PASSED BY THE CIT(A) XV NEW DELHI IN RELATION TO THE CAPTIONED ASSESSMENT YEAR. 2. DURING THE COURSE OF HEARING, THE LD. DR, ALTHOUGH SUPPORTED THE ORDER OF THE ASSESSING OFFICER, BUT COULD NOT CONTROVERT THE FACT THAT TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.10,00,000/ - . THE LD. AR OF THE ASSESSEE, ON THE OTHER HAND, CONTENDE D THAT THE APPEAL OF THE REVENUE IS NOT MAINTAINABLE BY VIRTUE OF CIRCULAR OF CBDT NO. 21 OF 2015 DATED 10.12.2015, REVISING THE MONETARY LIMIT TO RS.10,00,000/ - FOR NOT FILING APPEALS BEFORE THE TRIBUNAL. DATE OF HEARING 0 5 .0 9 .2017 DATE OF PRONOUNCEMENT 0 5 .0 9 .2017 ITA NO. 6824 /DEL./2014 2 3. AFTER CONSIDERING THE SUBMISSIONS OF BOTH TH E PARTIES AND THE MATERIAL ON RECORD, WE FIND THAT THE ABOVE CIRCULAR OF CBDT ON PECUNIARY LIMIT HAS NOW STATUTORY FORCE WITHIN THE PROVISIONS OF SECTION 268A OF THE IT ACT. THESE INSTRUCTIONS ARE OPERATIVE RETROSPECTIVELY TO THE PENDING APPEALS ALSO. IT GOES WITHOUT SAYING THAT THE BOARD S INSTRUCTIONS OR DIRECTIONS ISSUED TO THE INCOME - TAX AUTHORITIES ARE BINDING UPON THEM. GOING BY THE PRESCRIPTION OF THE AFORE - NOTED CIRCULAR, AND WITHOUT GOING INTO MERITS OF THE CASE, WE DISMISS THE INSTANT APPEAL FIL ED BY THE REVENUE AS TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.10.00 LACS. 8. IN THE RESULT, THE APPEAL OF THE REVENUE STAND S DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 0 5 .0 9 .2017 . SD/ - SD/ - ( H.S. SIDHU ) ( L.P. SAHU ) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 0 5 .0 9 .2017 *AKS* COPY OF ORDER FORWARDED TO: (1) THE APPELLANT (2) THE RESPONDENT (3) COMMISSIONER (4) CIT(A) (5) DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES, NEW DELHI