ACIT, New Delhi V. Sh. O.P. Kapoor, New Delhi

ITA 747/DEL/2014

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 7432 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 6 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-08-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Next Hearing Date: 16-08-2016
• Assessment Year: 2003-2004
• Appeal Filed On: 10-02-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

ITA NO. 747/D/2014 SH. O.P. KAPOOR PAGE 1 OF 3 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH E, NEW DELHI BEFORE SHRI J.S. REDDY, ACCOUNTANT MEMBER AND SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER ITA NO. 747/DEL/2014 ASSESSMENT YEAR: 2003-04 ACIT CIRCLE 24(1) NEW DELHI. VS O.P. KAPOOR B-5/13, SAFDARJUNG ENCLAVE, NEW DELHI. AAGPK0697M (APPELLANT) (RESPONDENT) APPELLANT BY : SH. RAJESH KUMA R, SR. DR RESPONDENT BY : NONE DATE OF HEARING : 16.08.2016 DATE OF PRONOUNCEMENT : 24.08.2016 ORDER PER SUDHANSHU SRIVASTAVA, J.M. THIS IS AN APPEAL BY THE DEPARTMENT AGAINST THE ORDER DATED 14.11.2013 OF CIT (A)-XXIII, NEW DELHI FOR AY 2003-04, WHEREIN THE LD. CIT (A) HAS DELETED ADDITIONS AMOUNTING TO RS. 6,66,526/-. 2. NONE WAS PRESENT FOR THE ASSESSEE. ITA NO. 747/D/2014 SH. O.P. KAPOOR PAGE 2 OF 3 3. THE LD. D.R., ALTHOUGH SUPPORTED THE ORDER OF T HE ASSESSING OFFICER, BUT COULD NOT CONTROVERT THE FAC T THAT TAX EFFECT IN THIS APPEAL IS LESS THAN RS.10,00,000 /-. 4. FROM CLAUSE 10 OF CBDT CIRCULAR NO. 21 OF 2015 (DATED 10.12.2015), IT IS CLEAR THAT THESE INSTRUCT IONS ARE APPLICABLE TO THE PENDING APPEALS ALSO AND THERE IS CLEAR CUT INSTRUCTION TO THE DEPARTMENT TO WITHDRAW OR NO T TO PRESS THE APPEALS FILED BEFORE THE ITAT WHEREIN TAX EFFECT IS LESS THAN RS.10,00,000/-. THESE INSTRUCTI ONS ARE OPERATIVE RETROSPECTIVELY TO THE PENDING APPEALS AL SO. 5. KEEPING IN VIEW THE CBDT CIRCULAR NO.21 OF 2015 DATED 10.12.2015 AND ALSO THE PROVISIONS OF SECTION 268A OF INCOME TAX ACT, 1961, WE ARE OF THE VIEW TH AT THE REVENUES APPEAL IS LIABLE TO BE DISMISSED. ITA NO. 747/D/2014 SH. O.P. KAPOOR PAGE 3 OF 3 6. IN VIEW OF THE ABOVE, WITHOUT GOING INTO MERITS OF THE CASE, WE DISMISS THE APPEAL FILED BY THE DEPART MENT. WE DO, HOWEVER, ADD THAT IF ON VERIFICATION OF THE FACTS AND THE CALCULATION OF THE TAX EFFECT, THE DEPARTME NT FEELS THAT THE TAX EFFECT HAS BEEN WRONGLY CALCULATED, DEPARTMENT SHALL BE FREE TO MOVE A MISCELLANEOUS APPLICATION FOR THE RECALL OF THIS ORDER. 7. IN THE RESULT, APPEAL OF THE DEPARTMENT IS DISMI SSED. ORDER PRONOUNCED IN THE COURT ON 24.08.2016 SD/- SD/- (J.S. REDDY) (SUDHANS HU SRIVASTAVA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 24/08/2016 *KAVITA ARORA COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR