ACIT, New Delhi V. Shri Ayush Dabas, New Delhi

ITA 951/DEL/2015

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 3067 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 1 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-03-2018
• Appeal Filed By: Department
• Order Result: Partly Allowed
• Bench Allotted: A
• Assessment Year: 2010-2011
• Appeal Filed On: 16-02-2015
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: RAVIKANT GUPTA
• Keywords: Tax effect

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH A NEW DLEHI BEFORE SHRI G.D. AGRAWAL, HONBLE PRESIDENT AND SHRI K. NARASIMHA CHARY, JUDICIAL MEMBER I.T.A. NO.951/DEL/2015 ASSESSMENT YEAR: 2010-11 ACIT, CENTRAL CIRCLE 18, VS SHRI AYU SH DABAS, JHANDEWALAN, NEW DELHI. C/O TIRUPATI BLDG. & OFFI CES P. LTD. PLOT NO.3, DWARKA CITY CENTRE, SECTOR 10, DWARKA, NEW DELHI. (PAN: ALCPD9217B) (APPELLANT) (RESPONDENT) APPELLANT BY: SHRI RAVI KANT GUP TA, SR. DR RESPONDENT BY: NONE DATE OF HEARING: 26.03.2018 DATE OF PRONOUNCEMENT: 26.03.2018 ORDER PER K.N. CHARY, JM THIS IS AN APPEAL BY THE REVENUE AGAINST THE ORDERS DATED 10.11.2014 IN APPEAL NO.279/2013-14 PASSED BY THE LD. THAT COMMISS IONER OF INCOME TAX (APPEALS)-XXXII, NEW DELHI (FOR SHORT HEREINAFTER R EFERRED TO AS LD. CITA). 2. NONE PRESENT ON BEHALF OF THE ASSESSEE. ADMITT EDLY, THE TAX EFFECT IN THIS APPEAL IS LESS THAN RS. 10 LAKHS, INASMUCH AS THE T OTAL DEMAND DOES NOT EXCEED RS.26,00,000/-. 3. AFTER PERUSING THE MATERIALS AVAILABLE ON RECOR D, WE FIND THAT THE ADDITIONS DISPUTED BEFORE US IS BELOW THE TAX EFFEC T LIMIT PRESCRIBED BY CBDT 2 VIDE CIRCULAR NO. 21 / 2015 DATED 10.12.2015 FOR PR EFERRING APPEALS BEFORE TRIBUNAL BY THE REVENUE. ON PERUSAL OF THE CIRCULAR NO. 21 / 2015 DATED 10.12.2015 AND THE MATERIALS AVAILABLE ON RECORD, L D. DR COULD NOT POINT OUT WHETHER THIS CASE FALLS UNDER ANY OF THE EXCEPTION A S PROVIDED IN THE CIRCULAR DESPITE SPECIFIC OPPORTUNITY WAS GIVEN, DOES NOT FAL L UNDER ANY OF THE EXCEPTIONS CONTEMPLATED IN THE SAID CIRCULAR, AS THIS IS COVER ED. WE ALSO FIND THAT THE CIRCULAR MAKES IT VERY CLEAR THAT THE REVISED MONETA RY LIMITS SHALL APPLY RETROSPECTIVELY TO PENDING APPEALS ALSO. WE FIND THA T THE CIRCULAR IS BINDING ON THE TAX AUTHORITIES. THIS POSITION HAS BEEN CONFIRM ED BY THE HONBLE APEX COURT IN THE CASE OF COMMISSIONER OF CUSTOMS VS INDIAN OI L CORPORATION LTD REPORTED IN 267 ITR 272 (SC). HENCE, WE HOLD THAT THE APPEAL OF THE REVENUE DESE RVES TO BE DISMISSED IN TERMS OF LOW TAX EFFECT VIDE CIRCULAR NO.21 / 2015 DATED 10.12.2015. ACCORDINGLY, THIS BEING A LOW TAX EFFECT CASE, WE DI SMISS THIS APPEAL OF REVENUE IN LIMINE, AS UNADMITTED, WITHOUT GOING INTO THE MERIT S OF THE CASE. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 26TH MARCH, 2018 . SD/- SD/- (G.D. AGARWAL) (K. NARASIMHA CHARY) PRESIDENT JUDICIAL MEMBER DATED: 26 MARCH, 2018 VJ COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) BY ORDER 5. DR, ITAT ASSTT. REGISTRAR, ITAT