DDIT, New Delhi V. Nav Bharti Education Society, New Delhi

ITA 911/DEL/2009

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 4304 (ITAT-DELHI)
• Duration Of Justice: 8 year(s) 6 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-10-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Next Hearing Date: 08-06-2017
• Assessment Year: 2003-2004
• Appeal Filed On: 12-03-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: N O N E
• Keywords: Tax effect

Judgement Text

IN THE INCOME - TAX APPELLATE TRIBUNAL, DELHI BENCH E , NEW DELHI BEFORE : SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI L.P. SAHU, ACCOUNTANT MEMBER, ITA NO S . 911 /DEL./20 09 ASSESSMENT YEAR: 20 03 - 04 DDIT, INV. CIRCLE - III, NEW DELHI (APPELLANT) VS. NAV BHARTI EDUCATION SOCIETY, 82, JOSHI ROAD, KAROL BAGH, NEW DELHI (PAN: AAA TN3832H) (RESPONDENT) REVENUE BY MS. RAKHI VIMAL, SR. DR ASSESSEE BY N ONE ORDER PER L.P. SAHU, A.M.: THIS APPEAL BY THE REVENUE ARISES OUT OF THE ORDER PASSED BY THE CIT(A) XV NEW DELHI DATED 23.12.2008 IN RELATION TO THE CAPTIONED ASSESSMENT YEAR. 2. DURING THE COURSE OF HEARING, THE LD. DR, ALTHOUGH SUPPORTED THE ORDER OF THE ASSESSING OFFICER, BUT FAIRLY AGREED THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.10,00,000/ - AND BY VIRTUE OF CIRCULAR OF CBDT NO. 21 OF 2015 DATED 10.12.2015, T HE MONETARY LIMIT HAS BEEN REVISED TO RS.10,00,000/ - FOR NOT FILING APPEALS BY THE DEPARTMENT BEFORE THE TRIBUNAL. 3. NONE IS PRESENT ON BEHALF OF THE ASSESSEE. AFTER GOING THROUGH THE MATERIAL ON RECORD, WE FIND THAT THE ABOVE CIRCULAR OF CBDT ON PECUN IARY LIMIT HAS NOW STATUTORY FORCE WITHIN THE PROVISIONS OF SECTION 268A OF THE IT ACT. THESE INSTRUCTIONS ARE OPERATIVE RETROSPECTIVELY TO THE PENDING APPEALS ALSO. IT GOES WITHOUT SAYING THAT THE BOARD S INSTRUCTIONS OR DIRECTIONS ISSUED TO THE INCOME - TAX AUTHORITIES ARE BINDING UPON THEM. GOING BY THE PRESCRIPTION OF THE AFORE - NOTED CIRCULAR, AND WITHOUT GOING INTO MERITS OF THE DATE OF HEARING 28 .09.2017 DATE OF PRONOUNCEMENT 03 . 10. 2017 ITA NO. 911/DEL./2009 2 CASE, WE DISMISS THE INSTANT APPEAL FILED BY THE REVENUE AS TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.10.00 LACS. 4. IN THE RESULT, THE APPEAL OF THE REVENUE STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 03.10.2017 . SD / - SD/ - ( BHAVNESH SAINI ) (L.P. SAHU) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 03.10.2017 *AKS* COPY OF ORDER FORWARDED TO: (1) THE APPELLANT (2) THE RESPONDENT (3) COMMISSIONER (4) CIT(A) (5) DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES, NEW DELHI