DCIT, New Delhi V. M/s. Mansarover Builders Pvt. Ltd., New Delhi

ITA 934/DEL/2015

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 0864 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 6 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-09-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2011-2012
• Appeal Filed On: 16-02-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RELIEF GRANTED
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : E , NEW DELHI BEFORE SMT. DIVA SINGH , JUDICIAL M EMBER AND SH. O.P. KANT , ACCOUNTANT MEMBER ITA NO .934 /DE L/ 2015 ASSESSMENT YEAR: 2011 - 12 DCIT, CIRCLE - 16(1), NEW DELHI VS. M/S. MANSAROVER BUILDERS PVT. LTD., 48/1, COMMERCIAL CENTRE, MALCHA MARG, CHANAKYAPURI, NEW DELHI PAN : AAACM6591R (APPELLANT) (RESPONDENT) ORDER PER DIVA SINGH, J. M . : THE PRESENT APPEAL HAS BEEN FILED BY THE REVENUE ASSAILING THE CORRECTNESS OF THE ORDER DATED 30 TH OCTOBER, 2014 OF COMMISSIONER OF INCOME TAX (APPEALS) - IX, NEW DELHI PERTAINING TO ASSESSMENT YEAR 2011 - 12. 2. LEARNED AUTHORIZED REPRESENTATIVE, INVITING ATTENTION TO THE GROUNDS RAISED IN THE PRESENT APPEAL, SUBMITTED THAT THE TAX EFFECT INVOLVED IN THE PRESENT APPEAL IS MUCH BELOW RS.20,00,000/ - . ACCORDINGLY, IT WAS HIS SUBMISSION THAT THE DEPARTMENTAL APPEAL MAY BE DISMISSED AS HAVING BEEN FILED IN VIOLATION OF THE CBDT CIRCULAR NO. 3/2018, DATED 11 TH JULY, 2018. 3. LEARNED SR. DR WAS GIVEN TIME TO GO THROUGH THE CLAIM OF THE ASSESSEE AND THE APPEAL WAS PASSED OVER. IN THE SECOND ROUND OF PROCEEDINGS, THE LEARNED DEPARTMENTAL REPRESENTATIVE, CONSIDERING THE MATERIAL AVAILABLE ON RECORD AND T HE RELIEF GRANTED BY THE CIT(A) AGREED THAT IN TERMS OF PAR A 10 OF DEPARTMENT BY SH. S.R. SENAPATI, SR.DR ASSESSEE BY SH. K.J.S. MEHTA, FCA DATE OF HEARING 21.08.2018 DATE OF PRONOUNCEMENT 11.09.2018 2 THE AFORESAID CBDT CIRCULAR THE APPEAL FILED IS IN VIOLATION THEREOF AS THE TAX EFFECT INVOLVED IN THE APPEAL IS MUCH BELOW RS.20 LAKHS. 4. WE HAVE HEARD THE SUBMISSION AND CONSIDERED THE RECORD. IN THE LIGHT OF THE SUBMISSIONS OF THE PARTIES BEFO RE THE BENCH, THE DEPARTMENTAL APPEAL IS DISMISSED AS NOT PRESSED. THE DECISION IS PRONOUN CED IN THE OPEN COURT ON 1 1 T H SEPTEMBER , 201 8 . S D / - S D / - ( O.P. KANT ) ( DIVA SINGH ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 1 1 T H SEPT. , 201 8 . RK / - COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(A) 5 . DR ASST. REGISTRAR, ITAT, NEW DELHI