DCIT, New Delhi V. M/s Frick India Ltd., New Delhi

ITA 922/DEL/2011

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 6663 (ITAT-DELHI)
• Duration Of Justice: 7 year(s) 5 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-07-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 29-06-2017
• Assessment Year: 2007-2008
• Appeal Filed On: 17-02-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIJAY KR JIWANI
• Assessee Lawyers: SHUBHAM GUPTA
• Keywords: Retrospective amendment; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: B, NEW DELHI BEFORE SH. H.S. SIDHU, JUDICIAL MEMBER AND SH. T.S. KAPOOR, ACCOUNTANT MEMBER ITA NO.922/DEL/2011 ASSESSMENT YEAR: 2007-08 AND ITA NO. 5879/DEL/2011 ASSESSMENT YEAR: 2007-08 AND ITA NO. 846/DEL/2012 ASSESSMENT YEAR: 2008-09 DCIT, CIRCLE-11(1), ROOM NO. 312, C.R. BUILDING, NEW DELHI VS. M/S. FRICK INDIA LTD., 809, SURYA KIRAN BUILDING, KASTURBA GANDHI MARG. MARG, NEW DELHI PAN :AAACF0410C ( APPELLANT ) (RESPONDENT) AND ITA NO. 5979/DEL/2015 ASSESSMENT YEAR: 2011-12 ACIT, CIRCLE-9(2), ROOM NO. 415, C.R. BUILDING, I.P. ESTATE, NEW DELHI VS. M/S. FRICK INDIA LTD., 809, SURYA KIRAN BUILDING, KASTURBA GANDHI MARG, NEW DELHI PAN :AAACF0410C (APPELLANT) (RESPONDENT) DEPARTMENT BY SH. VIJAY KR. JIWANI, SR.DR ASSESSEE BY SH. TARANDEEP SINGH, ADV. & SH. SHUBHAM GUPTA, ADV. DATE OF HEARING 19.07.2018 DATE OF PRONOUNCEMENT 19.07.2018 2 ITA NOS. 922/DEL/2011; 5879/DEL/2011; 846/DEL/2012; & 5979/DEL/2015 ORDER PER H.S. SIDHU, J.M.: THESE APPEALS BY THE REVENUE ARISE OUT OF THE ORDE RS PASSED BY THE CIT(A) IN RELATION TO THE CAPTIONED ASSESSME NT YEARS. 2. THE LEARNED DR ALTHOUGH SUPPORTED THE RESPECTIVE O RDERS OF THE ASSESSING OFFICER, BUT COULD NOT CONTROVERT THE FACT THAT THE TAX EFFECT INVOLVED IN EACH OF THESE APPEALS IS LES S THAN RS.20,00,000/- 3. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE REL EVANT MATERIAL ON RECORD. IT IS NOTICED THAT RECENTLY THE CBDT HAS ISSUED CIRCULAR NO. 03 OF 2018, DATED 11TH JULY, 20 18 WITH RETROSPECTIVE EFFECT, REVISING THE MONETARY LIMIT T O RS.20,00,000/- FOR NOT FILING APPEALS BEFORE THE TRIBUNAL 4. FROM THE ABOVE CIRCULAR, IT IS PALPABLE THAT THE I NSTRUCTION IS APPLICABLE TO THE PENDING APPEALS ALSO WITH RETR OSPECTIVE EFFECT AND THERE IS A CLEAR-CUT DIRECTION TO THE DEPARTMEN T TO WITHDRAW OR NOT PRESS SUCH APPEALS FILED BEFORE THE ITAT, WH EREIN TAX EFFECT IS LESS THAN RS.20,00,000/-. GOING BY THE PRESCRIPT ION OF THE AFORE-NOTED CIRCULAR, WE ARE OF THE VIEW THAT THE R EVENUE SHOULD HAVE EITHER NOT FILED THE INSTANT APPEALS BEFORE TH E TRIBUNAL OR WITHDRAWN THE SAME AS THE TAX EFFECT IN THESE APPEA LS ARE ADMITTEDLY LESS THAN THE PRESCRIBED LIMIT, I.E., RS . 20,00,000/- FOR NOT FILING THE APPEALS. ACCORDINGLY, WE DISMISS THE INSTANT APPEALS FILED BY THE REVENUE WITHOUT GOING INTO MERITS OF T HE CASE. HOWEVER, THE DEPARTMENT IS AT LIBERTY TO FILE MISCE LLANEOUS APPLICATION, IF THE TAX EFFECT IS FOUND TO BE MORE THAN THE 3 ITA NOS. 922/DEL/2011; 5879/DEL/2011; 846/DEL/2012; & 5979/DEL/2015 PRESCRIBED LIMITED OF RS.20,00,000/- OR OTHERWISE. ACCORDINGLY, ALL THE APPEALS OF THE REVENUE STAND DISMISSED. 5. IN THE RESULT, ALL THE APPEALS OF THE REVENUE ARE DISMISSED. THE DECISION IS PRONOUNCED IN THE OPEN COURT ON 19 TH JULY, 2018. SD/- SD/- (T.S. KAPOOR) (H.S. SIDHU) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 19 TH JULY, 2018. RK/- COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ASST. REGISTRAR, ITAT, NEW DELHI