ITO, WARD- 1(4), SHAMLI V. CANE DEVELOPMENT COUNCIL, SHAMLI

ITA 7490/DEL/2017

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 8484 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 1 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-01-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2006-2007
• Appeal Filed On: 13-12-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S S NEGI
• Keywords: Tax effect
• Section: 271(1)(c); 268A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES B : DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI O.P. KANT, ACCOUNTANT MEMBER ITA.NOS.7490 & 23/DEL./2017 ASSESSMENT YEAR 2006-2007 THE INCOME TAX OFFICER, WARD -1 (4), SHAMLI. DISTT. SHAMLI (U.P.) [ VS. M/S. CANE DEVELOPMENT COUNCIL, SHIV GANJ MANDI, SHAMLI 247776 (U.P.) PAN AAALC0276E (APP ELL ANT) (RESPONDENT) FOR REVENUE : SHRI S.S. NEGI, SR. D.R. FOR ASSESSEE : - NONE - DATE OF HEARING : 14 . 01 .202 1 DATE OF PRONOUNCEMENT : 14 . 01 .202 1 ORDER PER BHAVNESH SAINI, J.M. BOTH THE APPEALS BY THE REVENUE ARE DIRECTED AGAINST THE DIFFERENT ORDERS OF THE LD. CIT(A), MUZAFFARNAGAR, DATED 28.09.2017, FOR THE A.Y. 2006-2007, CHALLENGING THE CANCELLATION OF PENALTY UNDER SECTION 271(1)(C) OF THE I.T. ACT, 1961 AND DATED 03.10.2016 FOR THE A.Y. 2006-2007. 2 ITA.NOS.7490& 23/DEL./2017 M/S. CANE DEVELOPMENT COUNCIL, SHAMLI. 2. ADMITTEDLY, THE TAX EFFECT IN BOTH THE DEPARTMENTAL APPEALS ARE LESS THAN RS.50 LAKHS. VIDE CIRCULAR NO.3/2018 DATED 11 TH JULY, 2018 ISSUED BY CBDT UNDER SECTION 268A OF THE I.T. ACT, IT HAS BEEN DIRECTED THAT THE DEPARTMENT SHALL NOT FILE APPEAL BEFORE THE TRIBUNAL IN CASE WHERE THE TAX EFFECT DOES NOT EXCEED THE MONETARY LIMIT OF RS.20 LAKHS. IT IS ALSO DIRECTED THAT THIS INSTRUCTION WILL APPLY RETROSPECTIVELY TO PENDING APPEALS AND APPEALS TO BE FILED HENCEFORTH IN THE TRIBUNAL. PENDING APPEALS BELOW THE SPECIFIED TAX LIMIT MAY BE WITHDRAWN/NOT PRESSED BY THE DEPARTMENT. THE CBDT VIDE CIRCULAR NO.17/2019 DATED 08.08.2019 AMENDED THE EARLIER CIRCULAR NO.3/2018 (SUPRA) WHEREBY IT HAS BEEN DIRECTED THAT MONETARY LIMIT FOR FILING THE DEPARTMENTAL APPEAL IN INCOME TAX CASES MAY BE ENHANCED FURTHER THROUGH THIS AMENDMENT IN PARA-3 OF THE CIRCULAR MENTIONED ABOVE AND ACCORDINGLY, THE MONETARY LIMIT FOR FILING THE APPEAL BEFORE THE APPELLATE TRIBUNAL HAVE BEEN ENHANCED TO RS.50 LAKHS. SINCE CIRCULAR NO.17/2019 DATED 08.08.2019 HAVE BEEN ISSUED TO AMEND ITS EARLIER 3 ITA.NOS.7490& 23/DEL./2017 M/S. CANE DEVELOPMENT COUNCIL, SHAMLI. CIRCULAR NO.3/2018 (SUPRA), THEREFORE, ALL THE CONDITIONS OF EARLIER CIRCULAR NO.3/2018 SHALL APPLY ACCORDINGLY. 3. THE LD. D.R. IN VIEW OF THE ABOVE BOARDS CIRCULARS DID NOT PRESS THE DEPARTMENTAL APPEALS. THE CASES OF THE DEPARTMENT WOULD NOT FALL IN THE EXCEPTIONS PROVIDED IN THE ABOVE BOARD CIRCULARS. IN THE RESULT, THE DEPARTMENTAL APPEALS ARE NOT MAINTAINABLE AS THE APPEALS ARE FILED AGAINST THE BOARD INSTRUCTIONS REFERRED TO ABOVE AND THEREFORE, THE APPEALS OF THE DEPARTMENT ARE LIABLE TO BE DISMISSED. 4. IN THE RESULT, APPEALS OF THE DEPARTMENT ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (O.P. KANT) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER DELHI, DATED 14 TH JANUARY, 2021 VBP/- 4 ITA.NOS.7490& 23/DEL./2017 M/S. CANE DEVELOPMENT COUNCIL, SHAMLI. COPY TO 1. THE APPELLANT 2. THE RESPONDENT 3. CIT(A) CONCERNED 4. CIT CONCERNED 5. D.R. ITAT B BENCH, DELHI 6. GUARD FILE. // BY ORDER // ASSISTANT REGISTRAR : ITAT DELHI BENCHES : DELHI.