DCIT, Corporate Circle-1(1), Bhubaneswar V. Hi-Tech Estates & Promoters Pvt. Ltd., Bhubaneswar

ITA 86/CTK/2021

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 5977 (ITAT-CUTTACK)
• Duration Of Justice: 1 year(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-08-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2010-2011
• Appeal Filed On: 03-08-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 80IB

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL CUTTACK BENCH, CUTTACK BEFORE SHRI C.M. GARG, JUDICIAL MEMBER AND SHRI ARUN KHODPIA, ACCOUNTANT MEMBER ITA No.86/CTK/2021 Assessment Year: 2010-11 DCIT, Corporate Circle-1(1), Bhubaneswar. Vs. M/s Hi-tech Estates & Promoters (P) Ltd., Plot No.A/103, Saheed Nagar, Bhubaneswar, Odisha. PAN: AAACH9591G (Appellant) (Respondent) Assessee by : Shri B.D. Ojha, AR Revenue by : Shri M.K. Gautam, CIT, DR Date of Hearing : 24.05.2022 Date of Pronouncement : 18.08.2022 ORDER PER C.M. GARG, JM: This appeal filed by the Revenue is directed against the order dated 28.08.2019 of the CIT(A)-1, Bhubaneswar, relating to Assessment Year 2010-11. 2. The appeal is time barred by 638 days. The revenue has filed condonation petition stating therein that due to nation wide lockdown on account of COVID- 19 pandemic, officers were closed and subsequently worked with limited staff. Further, due to introduction of Vivad se Viswas Scheme, the officers were ITA No.86/CTK/2021 2 engaged in implementation of the scheme, which caused the delay of 638 days in filing the appeal before the Tribunal. It was the submission in the petition that the delay may be condoned and appeal be admitted for hearing. Ld AR did not have any objection to condone the delay. In view of above stated cause, which is sufficient cause explaining the delay in filing the appeal, we condone the delay of 638 days and admit the Revenue's appeal for adjudication after hearing both the sides. 3. The Revenue has raised the following grounds in this appeal:- "1. On the facts and in the circumstances of the case, the Ld. CIT(A) was not justified in deleting the disallowance of Rs. 1,35,02,491/- on account of deduction u/s. 80IB (10) for the A. Y 2010- 11. 2. On the facts and in the circumstances of the case, the Ld. CIT(A) was not justified in allowing the claim of the assessee on the basis of completion certificate in respect of the housing project 'Kalyani Plaza' submitted before him when the same has neither been submitted at the assessment stage which was mandatory nor it has been sent to the AO for re-examination. Because, when a new fact is made before the appeal authority which was not before the lower authorities and such a fact is relied on as a vital evidence for any conclusion, the matter in all fairness, should have been returned to AO for re-examination. This basic principle has been violated by the CIT(A). 3. Any other ground(s) that may be agitated at the time of hearing." 4. It is clearly discernible from the above that the Revenue is disputing the relief granted by the ld.CIT(A) to the assessee deleting the disallowance of Rs.1,35,02,491/- on account of deduction u/s 80IB(10) of the Income-tax Act, 1961 for AY 2010-11. We find, the tax effect involved in the instant appeal is ITA No.86/CTK/2021 3 below Rs.50 lakhs. Therefore, in view of the recent CBDT Circular No.17/2019 dated 8 th August, 2019, raising the monetary limit for filing of the appeal by the Revenue before the Tribunal to Rs.50 lakhs and the subsequent clarification of the CBDT, vide Notification dated 20 th August, 2019 stating that the said Circular is applicable even to pending appeals, the appeal filed by the Revenue is not maintainable. 5. Therefore, we find the tax effect involved in the grounds raised by the Revenue is, admittedly, below Rs.50 lakhs. Therefore, in view of the CBDT Circular No.17/2019 dated 8 th August, 2019 raising the monetary limits for filing of the appeals by the Revenue before the Tribunal to Rs.50 lakhs and the subsequent clarification dated 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 maintainable. Accordingly, the same is dismissed. 6. 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 Circular, the Revenue may move necessary application for recall of this order. ITA No.86/CTK/2021 4 8. In the result, the appeal filed by the revenue is dismissed. The decision was pronounced on 18.08.2022 u/Rule 34(4) of ITAT Rules, 1963. Sd/- Sd/- (ARUN KHODPIA) (C.M. GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 18 August, 2022. dk Copy forwarded to : 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asstt. Registrar, ITAT, Cuttack