ACIT, New Delhi V. M/s Sainik Mining & Allied Services Ltd, New Delhi

ITA 6875/DEL/2015

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 6328 (ITAT-DELHI)
• Duration Of Justice: 2 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-03-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 31-12-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Retrospective amendment; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : E : NEW DELHI BEFORE SMT. DIVA SINGH , JUDICIAL M EMBER AND SH. O.P. KANT , ACCOUNTANT MEMBER ITA NO. 6875 /DEL/ 2015 ASSESSMENT YEAR: 2008 - 09 ASSTT. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 8 (NOW CC - 17), ROOM NO. 101, 1 ST FLOOR, HALL NO. 101, ARA CENTRE, JHANDAWAL, NEW DELHI VS. SAINIK MINING & ALLIED SERVICES LTD., 129, TRANSPORT CENTRE, PUNJABI BAGH, NEW DELHI. (PAN:AAACS2791P) (APPELLANT) (RESPONDENT) APPELLANT BY NONE (APPLICATION) RESPONDENT BY NONE DATE OF HEARING 10.03.2016 DATE OF PRONOUNCEMENT 22.03.2016 ORDER PER O.P. KANT, A. M. : THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF LEARNED COMMISSIONER OF INCOME TAX( APPEALS) DATED 29.10.2015 IN RELATION TO ASSESSMENT YEAR 2008 - 09. 2. WHEN THE CASE WAS CALLED UPON, NONE RESPONDED FROM THE SIDE OF THE ASSESSEE AS WELL AS FROM THE SIDE OF DEPARTMENT. HOWEVER, REVENUE HAS FILED APPLICATION FOR ADJOURNMENT WHICH WAS REJEC TED BY THIS BENCH AS NO FRUITFUL PURPOSE WOULD BE SERVED TO ADJOURN THE MATTER. IT IS NOTICED THAT THE CBDT HAS ISSUED CIRCULAR NO. 21 OF 2015 DATED 10.12.2015 WITH RETROSPECTIVE EFFECT, REVISING THE MONETARY LIMIT TO RS.10,00,000/ - FOR NOT FILING APPEALS BEFORE THE 2 ITA NO. 6875/DEL/2015 AY: 2008 - 09 TRIBUNAL AND THE TAX EFFECT INVOLVED IN THE INSTANT APPEAL IS LESS THAN RS.10,00,000/ - . 3. FROM PARA 10 OF THE ABOVE CIRCULAR, IT IS PALPABLE THAT THE INSTRUCTION IS APPLICABLE TO THE PENDING APPEALS ALSO WITH RETROSPECTIVE EFFECT AND THERE IS A CLEAR - CUT DIRECTION TO THE DEPARTMENT TO WITHDRAW OR NOT PRESS SUCH APPEALS FILED BEFORE THE ITAT, WHEREIN TAX EFFECT IS LESS THAN RS.10,00,000/ - . GOING BY THE PRESCRIPTION OF THE AFORE - NOTED CIRCULAR, WE ARE OF THE VIEW THAT THE REVENUE SHOULD HAVE EITHE R NOT FILED THE INSTANT APPEAL BEFORE THE TRIBUNAL OR WITHDRAWN THE SAME AS THE TAX EFFECT IN THIS APPEAL IS ADMITTEDLY LESS THAN THE PRESCRIBED LIMIT I.E. RS. 10,00,000/ - FOR NOT FILING THE APPEAL. ACCORDINGLY , WE DISMISS THE INSTANT APPEAL WITHOUT GOING INTO MERITS OF THE CASE AND , AS SUCH, THE DECISION WILL NOT BE A PRECEDENT ON IDENTICAL ISSUE - IN - DISPUTE IN THE CASE OF ASSESSEE FOR OTHER ASSESSMENT YEARS WHERE THE TAX EFFECT EXCEEDS RS. 10,00,000/ - . 4. IN THE RESULT, THE APPEAL OF THE REVENUE STANDS DIS MISSED. THE DECISION IS PRONOUNCED IN THE OPEN COURT ON 2 2 N D MARCH , 2016 . S D / - S D / - ( DIVA SINGH ) ( O.P. KANT ) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 2 2 N D MARCH , 2016 . RK/ - COPY FORWARDED TO: 3 ITA NO. 6875/DEL/2015 AY: 2008 - 09 1. APPELLANT CONCERNED 2. RESPONDENT CONCERNED 3. CIT 4. CIT(A) 5. DR ASST. REGISTRAR, ITAT, NEW DELHI