ACIT, CENTRAL CIRCLE- 16, NEW DELHI V. ANURAG RATHI, NEW DELHI

ITA 820/DEL/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 2865 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 1 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-03-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2014-2015
• Appeal Filed On: 02-02-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SANJAY GOEL
• Assessee Lawyers: VED JAIN ADV SH AASHISH GOYAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH, SMC-1: NEW DELHI (THROUGH VIDEO CONFERENCING) BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND MS. SUCHITRA KAMBLE, JUDICIAL MEMBER ITA NO.820/ DEL/2018 ASSESSMENT YE AR : 2014-15 ASST. COMMISSIONER OF INCOME TAX, CIRCLE-16, ROOM NO.344, 3 RD FLOOR, JHANDEWALAN EXTENSION, NEW DELHI-110055 VS. SH. ANURAG RATHI, 6, SADHNA ENCLAVE, MALVIYA NAGAR, NEW DELHI-110017 PAN-AEAPR6348Q (APPELLANT) (RESPONDENT) APPELLANT BY : SH. SANJAY GOEL , SR. DR , RESPONDENT BY : SH. VED JAIN, ADV. SH. AASHISH GOYAL, CA DATE OF HEARING : 08.03.2021 DATE OF PRONOUNCEMENT : 08.03.2021 ORDER PER R.K. PANDA, AM : THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE O RDER DATED 28.11.2017 OF THE CIT(A)-XXVI, NEW DELHI, RELATING TO ASSESSME NT YEAR 2014-15. 2. HOWEVER, LD. DEPARTMENTAL REPRESENTATIVE (DR) POINTED OUT THAT THE PRESENT APPEAL IS TO BE WITHDRAWN AS THE TAX EFFECT INVOLVED IN THE CASE IS BELOW RS.50 LACS. 3. THE CBDT VIDE CIRCULAR NO.17/2019 DATED 08.08.2019 HA S REVISED THE MONETARY LIMIT FOR FILING THE APPEALS BEFORE THE T RIBUNAL TO RS.50 LACS. FURTHER, CBDT VIDE LETTER DATED 20.08.2019 HAS ALS O CLARIFIED THAT ITA NO.820/DEL/2018 2 CIRCULAR NO.17/2019 WOULD BE APPLICABLE TO ALL PENDING APPEALS . IN SUCH CIRCUMSTANCES, THE PRESENT APPEAL FILED BY THE REVENUE IN CASE OF LOW TAX EFFECT IS NOT MAINTAINABLE. 4. BEFORE PARTING, WE CLARIFY HERE THAT THE REVENUE SHA LL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR RE-INSTITUTION OF APPEA L, IF THE REQUISITE MATERIAL IS BROUGHT TO SHOW THAT THE APPEAL IS PROTECTED BY THE EXCEPTIONS PRESCRIBED IN PARA-10 OF THE CIRCULAR DATED 11.07.2018. 5. IN CONCLUSION, BY APPLYING THE CBDT CIRCULAR DATED 08 .08.2019 AND LETTER DATED 20.08.2019 (SUPRA), THE CAPTIONED APPEAL O F THE REVENUE IS DISMISSED AS WITHDRAWN/NOT PRESSED. 6. IN THE FINAL RESULT, THE APPEAL OF THE REVENUE STANDS DISMISSED. ABOVE DECISION WAS ANNOUNCED IN THE PRESENCE OF BOTH T HE SIDES ON CONCLUSION OF VIRTUAL HEARING ON 08TH MARCH, 2021. SD/- SD/- (SUCHITRA KAMBLE) (R.K. PANDA) JUDICIAL MEMBER ACCOUNTANT MEMBER DELHI/DATED- 08.03.2021 F{X~{T COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT BY ORDER ASSISTANT REGISTRAR, ITAT, DELHI