ITO (Exemptions), Ghaziabad V. M/s. Om Charitable Trust, Meerut

ITA 88/DEL/2015

• Counselvise Citation: [2018] 121 COUNSELVISE.COM (IT) 9712 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 8 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-09-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2010-2011
• Appeal Filed On: 06-01-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Charitable institution; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: E NEW DELHI BEFORE SHRI G.D. AGRAWAL, PRESIDENT & SHRI K.NARASIMHA CHARY, JUDICIAL MEMBER ITA NO.88/DEL/2015 ASSESSMENT YEAR: 2010-11 ITO (EXEMPTIONS), ROOM NO 208, 2 ND FLOOR, CGO-1, HAPUR ROAD, GHAZIABAD. VS OM CHARITABLE TRUST, 47/L-4, JAWAHAR QUARTERS, MEERAT PAN: AAATO1865D APPELLANT ASSESSEE REVENUE BY MS. RASHMITA JHA, SR. DR ASSESSEE BY SHRI K.SAMPATH, AR ORDER PER K.NARASIMHA CHARY, JM CHALLENGING THE ORDER OF THE LEARNED COMMISSIONER O F INCOME-TAX (APPEALS), MEERUT (FOR SHORT LD. CIT(A)) DATED 13. 10.2014, REVENUE PREFERRED THIS APPEAL. 2. WE HAVE HEARD THE ASSESSEE AND PERUSED THE MATER IAL ON RECORD. AS IS SEEN FROM THE RECORD, IT CAME TO OUR NOTICE THAT THE T AX EFFECT INVOLVED IN THIS CASE IS DATE OF HEARING 26.09.2018 DATE OF PRONOUNCEMENT 26.09.2018 2 RS. 18,93,236/-, BEING LESS THAN RS.20 LACS, WHICH SQUARELY FALLS WITHIN THE AMBIT OF CIRCULAR NO.3/2018 DATED 11.07.2018 ISSUED BY TH E CENTRAL BOARD OF DIRECT TAXES PRESCRIBING THE TAX EFFECT FOR PREFERRING APP EALS BEFORE TRIBUNAL BY THE REVENUE. 3. AFTER PERUSING THE MATERIALS AVAILABLE ON RECOR D, WE FIND THAT THE AMOUNT DISPUTED BEFORE US IS BELOW THE TAX EFFECT LIMIT PR ESCRIBED BY CBDT VIDE CIRCULAR NO.3/2018 DATED 11.07.2018 FOR PREFERRING APPEALS B EFORE TRIBUNAL BY THE REVENUE. ON PERUSAL OF THE CIRCULAR NO.3/2018 DATE D 11.07.2018 AND THE MATERIALS AVAILABLE ON RECORD, LD. DR COULD NOT POI NT OUT AS TO HOW AND WHY SUCH A CIRCULAR IS NOT APPLICABLE TO THE FACTS OF THE CA SE. WE ALSO FIND THAT THE CIRCULAR MAKES IT VERY CLEAR THAT THE REVISED MONETARY LIMIT S SHALL APPLY RETROSPECTIVELY TO PENDING APPEALS ALSO. WE FIND THAT THE CIRCULAR IS BINDING ON THE TAX AUTHORITIES. HENCE, WE HOLD THAT THE APPEAL OF THE REVENUE DESER VES TO BE DISMISSED IN TERMS OF LOW TAX EFFECT VIDE CIRCULAR NO.3/2018 DATED 11. 07.2018. ACCORDINGLY, THIS BEING A LOW TAX EFFECT CASE, WE DISMISS THIS APPEAL OF REVENUE IN LIMINE, AS UNADMITTED, WITHOUT GOING INTO THE MERITS OF THE CA SE. 4. IN THE RESULT, APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 26 TH SEPTEMBER, 2018 SD/- SD/- (G.D. AGRAWAL) (K. NARASIMH A CHARY) PRESIDENT JUDICIAL MEMBER DATED: 26 TH SEPTEMBER, 2018 3 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI