ACIT, CENTRAL CIRCLE- 28, NEW DELHI V. KOHINOOR FOODS LTD., SURAJKUND

ITA 698/DEL/2018

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 2925 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 8 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-10-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2008-2009
• Appeal Filed On: 30-01-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Capital asset; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH C, NEW DELHI BEFORE SH. A. D. JAIN, VICE PRESIDENT DR. B. R. R. KUMAR, ACCOUNTANT MEMBER ITA NO. 698/DEL/2018 : ASSTT. YEAR : 2008-09 ACIT, CENTRAL CIRCLE-328, NEW DELHI VS KOHINOOR FOODS LTD., 206, VIPPS CENTRE, 2 COMMUNITY CENTRE, MASJID MOTH, G.K.-II, NEW DELHI-110048 (APPELLANT) (RESPONDENT) PAN NO. A A ACS2470D ASSESSEE BY : NONE REVENUE BY : SH. UMESH TAKYAR, SR. DR DATE OF HEAR ING: 25 . 10 .20 2 1 DATE OF PRONOUNCEMENT: 25 .10 .20 2 1 ORDER PER A. D. JAIN, VICE PRESIDENT: THE PRESENT APPEAL HAS BEEN FILED BY THE REVENUE A GAINST THE ORDER OF THE LD. CIT(A)-29, NEW DELHI, DATED 10 .11.2017. 2. AS PER THE INSTANT CIRCULAR NO. 17/2019 DATED 08 /08/2019 INFORCE, THE CBDT IN SUPERSESSION OF EARLIER INSTRU CTIONS HAS DIRECTED THAT DEPARTMENTS APPEALS BEFORE ITAT SHAL L NOT BE FILED IN CASES WHERE THE TAX EFFECT DOES NOT EXCEED THE MONETARY LIMIT OF RS. 50 LACS. THE TAX WILL NOT IN CLUDE ANY INTEREST THEREON. IT IS FURTHER CLARIFIED THAT EVE N IF IN THE CASE OF AN ASSESSEE, DISPUTED ISSUES ARISE IN MORE THAN ONE ASSESSMENT YEAR, APPEAL CANNOT BE FILED IN RESPECT OF SUCH ASSESSMENT YEAR OR YEARS IN WHICH THE TAX EFFECT IN RESPECT OF DISPUTED ISSUES EXCEEDS THE MONETARY LIMIT SO SPECI FIED. ITA NO. 698/DEL/2018 KOHINOOR FOODS LTD. 2 3. ADMITTEDLY, IN THE DEPARTMENTAL APPEAL, THE TAX EFFECT IS LESS THAN RS. 50 LACS, THEREFORE, DEPARTMENTAL APPE AL IS NOT MAINTAINABLE. THE LD. DR COULD NOT BRING TO OUR NO TICE ANY EXCEPTIONS MENTIONED IN THE SAID CIRCULAR. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMI SSED. ORDER PRONOUNCED IN THE OPEN COURT ON 25/10/2021. SD/- SD/- (DR. B. R. R. KUMAR) (A. D. JAIN) ACCOUNTANT MEMBER VICE PRE SIDENT DATED: 25/10/2021 *SUBODH KUMAR, SR. PS* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR