ACIT, CIRCLE- 32(1), NEW DELHI V. RISABH BIRLA, NEW DELHI

ITA 799/DEL/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 1180 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 5 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-07-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2011-2012
• Appeal Filed On: 01-02-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: FARHAT KHAN
• Keywords: Tax effect
• Section: 201

Judgement Text

IN TH E INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : F : NEW DELHI BEFORE SHRI R. K. PANDA, ACCOUNTANT MEMBER AND SHRI K. NARASIMHA CHARY, JUDICIAL MEMBER ITA NO. 799 /DEL/201 8 ASSESSMENT YEAR : 20 1 1 - 12 ACIT, CIRCLE - 32(1), NEW DELHI. VS RISABH BIRLA, LATE AN URAG BIRLA, C - 37, HAUZ KHAS, NEW DELHI. PAN: AADPB3556B (APP ELL A NT ) (RESPONDENT) A SSESSEE BY : NONE RE VENUE BY : SHRI FARHAT KHAN, SR. DR DATE OF HEARING : 07 . 0 7 . 20 21 DATE OF PRONOUNCEMENT : 07 . 0 7 . 20 21 ORDER PER R. K. PANDA, AM : TH IS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 2 4.11. 201 7 OF THE CIT(A) - 11, NEW DELHI, RELATING TO ASSESSMENT YEAR 20 1 1 - 12 . 2. NONE APPEARED ON BEHALF OF THE ASSESSEE DESPITE SERVICE OF NOTI CE . T HEREFORE, THIS APPEAL IS BEING DISPOSED OF ON THE BASIS OF THE MATERIAL AVAILABLE ON RECORD AND AFTER HEARING THE LD. DR. 3. THE LD. DR, AT THE OUTSET SUBMITTED THAT THE TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY TH E REVENUE IS BELOW RS.50 LAKHS A ND T HE CBDT, VIDE CIRCULAR NO.17/2019 DATED 8 TH AUGUST, 2019 HAS RAISED THE MONETARY LIMIT FOR FILING OF APPEAL BY THE REVENUE BEFORE THE TRIBUNAL TO RS.50 LAKHS. VIDE NOTIFICATION DATED 20 TH AUGUST, 2019 IT HAS BEEN CLARIFIED THAT ITA NO. 799 /DEL/201 8 2 THE REVISED MONETARY LI MIT SO MENTIONED IN THE CIRCULAR NO.17/2019 IS APPLICABLE EVEN TO PENDING APPEALS. 4. WE HAVE HEARD THE LD. DR. A PERUSAL OF THE GROUNDS RAISED BY THE REVENUE SHOWS THAT THE TAX EFFECT INVOLVED IN THE INSTANT CASE IS ADMITTEDLY BELOW RS.50 LAKHS. T HERE FORE, IN VIEW OF THE CBDT CIRCULAR NO.17/2019 DATED 8 TH AUGUST, 2019 AND THE SUBSEQUENT CLARIFICATION BY THE CBDT ON 20 TH AUGUST, 2019 TO THE EFFECT THAT THE SAID CIRCULAR IS APPLICABLE EVEN TO PENDING APPEALS, THE APPEAL FILED BY THE REVENUE IS NOT MAINTA INABLE. ACCORDINGLY, THE SAME IS DISMISSED. HOWEVER, IF THE REVENUE AT ANY POINT OF TIME FINDS THAT THE TAX EFFECT INVOLVED IN THE GROUNDS OF THE REVENUE IS MORE THAN RS.50 LAKHS OR THAT THE SAME IS FALLING UNDER THE EXCEPTIONS PROVIDED IN THE SAID CIRCUL AR, THE REVENUE MAY MOVE NECESSARY APPLICATION FOR RECALL OF THIS ORDER. 5 . IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED. THE DECISION WAS PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ITSELF, I.E., ON 07 . 0 7 .20 21 . SD/ - SD/ - ( K. NARASIMHA CHARY ) ( R. K. PANDA ) JUDICIAL MEMBER ACCOUNTANT MEMFBER DATED: 07 TH JULY, 2021. DK ITA NO. 799 /DEL/201 8 3 COPY FORWARDED TO : 1. APPELLANT 2. RESPONDE NT 3. CIT 4. CIT(A) 5. DR ASSTT. REGISTRAR, ITAT, NEW DELHI