DCIT, New Delhi V. M/s Global Green Company Ltd., New Delhi

ITA 941/DEL/2017

• Counselvise Citation: [2020] 112 COUNSELVISE.COM (IT) 0064 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 10 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-01-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2009-2010
• Appeal Filed On: 17-02-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S N MEENA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: C: NEW DELHI BEFORE, SHRI SUDHANSHU SRIVASTAVA, JUDICIAL ME MBER AND SHRI A.N.MISSHRA, ACCOUNTANT MEMBER ITA NO.941/DEL/2017 (ASSESSMENT YEAR-2009-10) DY. COMMISSIONER OF INCOME TAX, CIRCLE-10(1), NEW DELHI VS. M/S GLOBAL GREEN COMPANY LTD., THAPAR HOUSE, 124, JANPATH, DELHI. PAN AAACR 0635H (APPELLANT) (RESPONDENT) APPELLANT BY SH. S.N. MEENA, SR. DR RESPONDENT BY SH. ANKIT AGRAWAL, CA DATE OF HEARING 01.01.2020 DATE OF PRONOUNCEMENT 01.01.2020 ORDER PER SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER: THIS APPEAL HAS BEEN PREFERRED BY THE REVENUE AGAIN ST THE ORDER DATED 28.12.2016 PASSED BY THE LEARNED CIT(APPEALS) -37, NEW DELHI {CIT(A)} AND PERTAINS TO ASSESSMENT YEAR 2009-10. 2. HOWEVER, LEARNED DR FOR THE REVENUE POINTED OUT THAT THE PRESENT APPEAL IS TO BE WITHDRAWN AS THE TAX EFFECT INVOLVE D IN THE CASE IS BELOW RS.50 LACS. ITA NO.941/DEL/2017 (ASST. YEAR: 2009-10) PAGE | 2 3. THE CBDT VIDE CIRCULAR NO.17/2019 DATED 08.08.20 19 HAS REVISED THE MONETARY LIMIT FOR FILING THE APPEALS BEFORE TH E TRIBUNAL TO RS.50 LACS. FURTHER, CBDT VIDE LETTER DATED 20.08.2019 HAS ALSO CLARIFIED THAT CIRCULAR NO.17/2019 WOULD BE APPLICABLE TO ALL PENDING APPEA LS. IN SUCH CIRCUMSTANCES, THE PRESENT APPEAL FILED BY THE REVE NUE IN CASE OF LOW TAX EFFECT IS NOT MAINTAINABLE. 4. BEFORE PARTING, WE CLARIFY HERE THAT THE REVENUE SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR RE-INSTITUTION OF APPEAL, IF THE REQUISITE MATERIAL IS BROUGHT TO SHOW THAT THE APPEAL IS PROTECTED BY THE EXCEPTIONS PRESCRIBED IN PARA 10 OF THE CIRCULAR DATED 11.07.2 018. 5. IN CONCLUSION, BY APPLYING THE CBDT CIRCULAR DAT ED 08.08.2019 AND LETTER DATED 20.08.2019 (SUPRA), THE CAPTIONED APPE AL OF THE REVENUE IS DISMISSED AS WITHDRAWN/NOT PRESSED. 6. IN THE FINAL RESULT, THE APPEAL OF THE REVENUE S TANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 01/01/2020 . SD/- SD/- (A.N.MISSHRA) (SUDHANSHU SRIVASTAVA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 01/01/2020 PK/PS ITA NO.941/DEL/2017 (ASST. YEAR: 2009-10) PAGE | 3 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI