CIT, Karnal V. H.M. Steels Ltd., Sangrur

ITA 804/DEL/2019

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 3500 (ITAT-DELHI)
• Duration Of Justice: 6 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-08-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2013-2014
• Appeal Filed On: 04-02-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NAINA SOIN KAPIL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : B : NEW DELHI BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND MS SUCHITRA KAMBLE, JUDICIAL MEMBER ITA NO.804/DEL/2019 ASSESSMENT YEAR: 2013-14 DCIT, CENTRAL CIRCLE, SECTOR-12, KARNAL, HARYANA. VS HM STEELS LTD., SANGRUR ROAD, DIRBAR, SANGRUR, PUNJAB. PAN: AABCH0164Q (APPELLANT) (RESPONDENT) ASSESSEE BY : NONE REVENUE BY : MS NAINA SOIN KAPIL, SR. DR DATE OF HEARING : 23.08.2019 DATE OF PRONOUNCEMENT : 28.08.2019 ORDER PER R.K. PANDA, AM: THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINS T THE ORDER DATED 30.11.2018 OF THE CIT(A), PATIALA, RELATING TO ASSESSMENT YEAR 2013-1 4. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE. SINCE THE TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE IS BELOW RS.50 LAKHS, THEREFO RE, THIS APPEAL WAS TAKEN FOR HEARING. 3. A PERUSAL OF THE RECORD SHOWS THAT TAX EFFECT IN VOLVED IN THE GROUNDS RAISED BY THE REVENUE IS BELOW RS.50 LAKHS. THE CBDT, VIDE CIRCU LAR 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 THE REVISE D MONETARY LIMIT SO MENTIONED IN THE CIRCULAR NO.17/2 019 IS APPLICABLE EVEN TO PENDING ITA NO.804/DEL/2019 2 APPEALS. SINCE, IN THE INSTANT CASE, ADMITTEDLY, T HE TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE IS BELOW RS.50 LAKHS, THEREFORE, IN VIEW OF THE CBDT CIRCULAR NO.17/2019 DATED 8 TH AUGUST, 2019 AND THE SUBSEQUENT CLARIFICATION BY T HE CBDT ON 20 TH AUGUST, 2019 TO THE EFFECT THAT THE SAID CIRCULAR IS APPLICABLE EVE N TO PENDING APPEALS, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE. ACCORDINGLY, THE SAME IS DISMISSED. 4. IN THE RESULT, THE APPEAL FILED BY THE REV ENUE IS DISMISSED. THE DECISION WAS PRONOUNCED IN THE OPEN COURT ON 2 8.08.2019. SD/- SD/- (SUCHITRA KAMBLE) (R.K. PANDA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 28 TH AUGUST, 2019 DK COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ASSTT. REGISTRAR, ITAT, NEW DELHI