ACIT, Central Circle- 27, New Delhi V. Utech Developers Ltd., New Delhi

ITA 7882/DEL/2017

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 9773 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 6 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-07-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2012-2013
• Appeal Filed On: 29-12-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PRAKASH DUBEY
• Keywords: Tax effect
• Section: 37(1)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI G BENCH: NEW DELHI (THROUGH VIDEO CONFERENCING ) BEFORE SHRI KUL BHARAT, JUDICIAL MEMBER & DR.B.R.R.KUMAR, ACCOUNTANT MEMBER ITA NO.7882/DEL/2017 ASSESSMENT YEAR : 2012-13 ACIT, CENTRAL CIRCLE-27, NEW DELHI VS UTECH DEVELOPERS LTD., 305, 3 RD FLOOR, BHANOT CORNER, PAMPOST ENCLAVE, G.K.-1, NEW DELHI. PAN-AAACU8713H APPELLANT RESPONDENT APPELLANT BY SH.PRAKASH DUBEY, SR.DR RESPONDENT BY SH.RAJEEV, CA DATE OF HEARING 27.07.2021 DATE OF PRONOUNCEMENT 27.07.2021 ORDER PER KUL BHARAT, JM : THIS APPEAL FILED BY THE REVENUE FOR THE ASSESSMENT YEAR 2012-13 IS DIRECTED AGAINST THE ORDER OF LD. CIT(A)-29, NEW DE LHI DATED 06.10.2017. THE REVENUE HAS RAISED FOLLOWING GROUND OF APPEAL:- 1. 'THE LD.CIT(A) HAS ERRED IN LAW AND IN FACTS BY DELETING THE ADDITION MADE BY THE ASSESSING OFFICER U/S 37(1) OF THE I.T.ACT, 1961 WITHOUT APPRECIATING THE FACT THAT ASSESSEE FAILED TO ESTABLISH THE GENUINENESS OF THE EXPENSES AND FAILED TO DISCHARGE ITS ONUS. 2. THE LD.CIT(A) HAS ERRED IN LAW AND IN FACTS BY G RANTING RELIEF TO THE ASSESSEE PLACING RELIANCE UPON THE ORDER IN ASS ESSEES OWN CASE FOR ASSESSMENT YEAR 2009-10 WHEREAS DEPARTMENT HAS FILED APPEAL AGAINST THE SAID ORDER PASSED BY THE LD.CIT(A) FOR ASSESSMENT YEAR 2009-10 BEFORE THE HONBLE ITAT AND THE MATTER HAS NOT ATTAINED THE FINALITY YET. 3. THAT THE GROUNDS OF APPEAL ARE WITHOUT PREJUDICE TO EACH OTHER. ITA NO. 7882/DEL/2017 2 | P A GE 2. HOWEVER, LD. SR. DR FOR THE REVENUE POINTED OUT THAT THE PRESENT APPEAL IS TO BE WITHDRAWN AS THE TAX EFFECT INVOLVE D IN THE CASE IS BELOW RS.50 LACS. 3. THE CBDT VIDE CIRCULAR NO.17/2019 DATED 08.08.20 19 HAS REVISED THE MONETARY LIMIT FOR FILING THE APPEALS BEFORE TH E TRIBUNAL TO RS.50 LACS. FURTHER, CBDT VIDE LETTER DATED 20.08.2019 HAS ALSO CLARIFIED THAT CIRCULAR NO.17/2019 WOULD BE APPLICABLE TO ALL PENDING APPEA LS. IN SUCH CIRCUMSTANCES, THE PRESENT APPEAL FILED BY THE REVE NUE IN CASE OF LOW TAX EFFECT IS NOT MAINTAINABLE. 4. BEFORE PARTING, WE CLARIFY HERE THAT THE REVENUE SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR RE-INSTITUTION OF APPEAL, IF THE REQUISITE MATERIAL IS BROUGHT TO SHOW THAT THE APPEAL IS PROTECTED BY THE EXCEPTIONS PRESCRIBED IN PARA 10 OF THE CIRCULAR DATED 11.07.2 018. 5. IN CONCLUSION, BY APPLYING THE CBDT CIRCULAR DAT ED 08.08.2019 AND LETTER DATED 20.08.2019 (SUPRA), THE CAPTIONED APPE AL OF THE REVENUE IS DISMISSED AS WITHDRAWN/NOT PRESSED. 6. IN THE RESULT, THE APPEAL OF REVENUE IS DISMISSE D. ABOVE DECISION WAS PRONOUNCED ON CONCLUSION OF VIRT UAL HEARING IN THE PRESENCE OF BOTH THE PARTIES ON 27 TH JULY, 2021. SD/- SD/- (DR.B.R.R.KUMAR) (KUL BHARAT) ACCOUNTANT MEMBER JUDICIA L MEMBER *AMIT KUMAR* ITA NO. 7882/DEL/2017 3 | P A GE COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI