DCIT, New Delhi V. M/s Gujral Design Plus Overseas Pvt. Ltd., New Delhi

ITA 942/DEL/2017

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 0535 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 10 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-12-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2012-2013
• Appeal Filed On: 17-02-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S N MEENA
• Assessee Lawyers: P N SHASTRY
• Keywords: Tax effect
• Section: 143(3); 201; 13

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH C , NEW DELHI , . . , BEFORE MS. SUSHMA CHOWLA, JM & SHRI N.K. BILLAIYA , AM . / ITA NO: - 942 /DEL/201 7 / ASSESSMENT YEAR: 2012 - 13 THE DCIT , CIRCLE - 10 ( 2 ), NEW DELHI .......... / APPELLANT V S M/S GUJRAL DESIGN PLUS . . / RESPONDENT OVERSEAS P. LTD. , 16 FEROZ GANDHI ROAD, LAJPAT NAGAR, NEW DELHI PAN - AAACG2661A / APPELLANT BY : SH. S.N. MEENA, SR. DR / RESPONDENT BY : SH. P.N. SHASTRY, CA / DATE OF HEARING : 1 8 . 1 2 .2019 / DATE OF PRONOUNCEMENT: 18 .12. 2019 / ORDER PER SUSHMA CHOWLA, JM: THE PRESENT APPEAL FILED BY REVENUE IS AGAINST ORDER OF CIT(A) - 35 , NEW DELHI , DATED 23 .11.2016 PASSED UNDER SECTION 143(3) OF THE INCOME - TAX ACT, 1961 (IN SHORT THE ACT) RELATING TO ASSESSMENT YEAR 2012 - 13 . 2. THE LD. DR FOR THE REVENUE POINTED OUT THAT THE PRESENT APPEAL IS TO BE WITHDRAWN AS THE TAX EFFECT INVOLVED IN THE CASE IS BELOW RS.50 LACS. . / ITA NO: - 9 42 / DEL/201 7 2 3 . THE CBDT VIDE CIRCULAR NO.17/2019 DATED 08.08.2019 HAS REVISED THE MONETARY LIMIT FOR FILING THE APPEALS BEFORE THE 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 P ENDING APPEALS. IN SUCH CIRCUMSTANCES, THE PRESENT APPEAL FILED BY THE REVENUE 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 DA TED 11.07.2018 . 5 . IN CONCLUSION, BY APPLYING THE CBDT CIRCULAR DATED 08 .0 8 .201 9 AND LETTER DATED 20.08.2019 (SUPRA), THE CAPTIONED APPEAL OF THE REVENUE IS DISMISSED AS WITHDRAWN/NOT PRESSED. 6 . IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED . ORDER PRONOUNCED IN THE OPEN COURT ON 1 8 TH DAY OF DECEMBER , 2019. - SD/ - - SD/ - ( N.K. BILLAIYA ) (SUSHMA CHOWLA) / ACCOUNTANT MEMBER / JUDICIAL MEMBER / DATED : 1 8 T H DECEMBER , 201 9 SH / COPY OF THE ORDER IS FORWARDED TO : . / ITA NO: - 9 42 / DEL/201 7 3 1. / THE APPELLANT ; 2. / THE RESPONDENT; 3. / THE PR. CIT 4. , , / DR, ITAT, DELHI 5. / GUARD FILE. / BY ORDER , // TRUE COPY // , , / ITAT, DELHI