ACIT, Faridabad V. M/s. Friends Realtors, Faridabad

ITA 898/DEL/2012

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 7851 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 2 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-04-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 26-04-2016
• Assessment Year: 2008-2009
• Appeal Filed On: 22-02-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ROBIN RAWAL
• Assessee Lawyers: SUMER GARG
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: B NEW DELHI BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEM BER AND SMT SUCHITRA KAMBLE , JUDICIAL MEMBER I.T.A .NO.-898/DEL/2012 (A.Y 2008-09) ACIT CIRCLE-1, BLOCK-B, NEW CGO COMPLEX, NH-IV FARIDABAD (APPELLANT) VS FRIENDS REALTORS SCO-11, BASEMENT BELOW, CANARA BANK, SECTOR-16 MARKET, FARIDABAD AABFF4295M (RESPONDENT) I.T.A .NO.-4710/DEL/2013 (A.Y 2009-10) ITO WARD-1(2) FARIDABAD (APPELLANT) VS FRIENDS REALTORS SCO-36-37, SECTOR-19 MARKET, FARIDABAD AABFF4295M (RESPONDENT) C.O .NO.-28/DEL/2014 (A.Y 2009-10) (IN ITA NO. 4710) FRIENDS REALTORS SCO-36-37, SECTOR-19 MARKET-II, FARIDABAD AABFF4295M (APPELLANT) VS ITO WARD-1(2) FARIDABAD (RESPONDENT) APPELLANT BY SH. ROBIN RAWAL, SR. DR. RESPONDENT BY SH. SUMER GARG, CA DATE OF HEARING 26.04.2016 DATE OF PRONOUNCEMENT 26.04.2016 ORDER PER SUCHITRA KAMBLE, JM THESE APPEALS ARE FILED BY THE REVENUE AND THE CROS S OBJECTION IN ITA NO. 4710/DEL/2013 IS FILED BY THE ASSESSEE. THE LD. DR AS WELL AS LD. AR POINTED THAT THE TAX EFFECT IN THESE APPEALS ARE LE SS THAN RS. 10 LAKHS. 2. IN TERMS OF CBDT CIRCULAR NO.21/2015 DATED 10 TH DECEMBER,2015, F.NO. 279/MISC./142/2007-ITJ(PT.) READ WITH S.268 A OF TH E INCOME TAX ACT 1961, THESE APPEALS BY THE REVENUE SHOULD HAVE BEEN WITHD RAWN OR SHOULD NOT BE PRESSED BY THE REVENUE. IN VIEW OF THE ABOVE, THESE APPEALS BY THE REVENUE ARE DISMISSED IN LIMINI. 3. IN THE RESULT REVENUES APPEALS ARE DISMISSED IN L IMINI. THE CROSS OBJECTION FILED BY THE ASSESSEE BECOMES INFRUCTUOUS , HENCE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 26 TH APRIL, 2016. SD/- SD/- (J. SUDHAKAR REDDY) (SUCHITRA KAMBLE) ACCOUNTANT MEMBER JUDICIAL MEMB ER DATED: 26/04/2016 R. NAHEED * COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI DATE 1. DRAFT DICTATED ON 26/04/2016 PS 2. DRAFT PLACED BEFORE AUTHOR 26/04/2016 PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER .2016 JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS 27 .04.2016 PS/PS 6. KEPT FOR PRONOUNCEMENT ON PS 7. FILE SENT TO THE BENCH CLERK 27 .04.2016 PS 8. DATE ON WHICH FILE GOES TO THE AR 9. DATE ON WHICH FILE GOES TO THE HEAD CLERK. 10. DATE OF DISPATCH OF ORDER.