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ITA 957/DEL/2015

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 4179 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 10 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-01-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: H
• Assessment Year: misc
• Appeal Filed On: 16-02-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH D NEW DLEHI BEFORE SHRI G.D. AGRAWAL, PRESIDENT AND SHRI K. NARSIMHA CHARY, JUDICIAL MEMBER I.T.A. NO 957/DEL/2015 ASSESSMENT YEAR: 2011-12 ASSTT. COMMISSIONER OF INCOME-TAX VS M/S TIMES IN TERNET LTD. CIRCLE 76, NEW DELHI. 10, DARYAGANJ, NEW DELHI . (APPELLANT) (RESPONDENT) APPELLANT BY: SMT. RITU SHARMA RESPONDENT BY: SHRI MUKESH GUPTA ORDER PER SHRI G.D. AGRAWAL, PRESIDENT AGGRIEVED BY THE ORDER DATED 15.10.2014 IN APPEAL N O.321/14-15 FOR ASSESSMENT YEAR 2010-11 PASSED BY THE LEARNED CIT(A)- XXIV, NEW DELHI (FOR SHORT HEREINAFTER CALLED AS THE LEARNED CIT(A)), THE RE VENUE PREFERRED THIS APPEALS. 2. AT THE OUTSET, LEARNED AR BROUGHT TO OUR NOTICE THAT THE QUANTUM INVOLVED IN THIS CASE IS RS. 9,84,141/- AND TAX EFFECT ON TH E DISPUTED ADDITION BEFORE US IS LESS THAN RS. 10 LACS SQUARELY FALLING WITH THE AMBI T OF CIRCULAR NO. 21 / 2015 DATED 10.12.2015 PRESCRIBING THE TAX EFFECT FOR PREFERRIN G APPEALS BEFORE TRIBUNAL BY THE REVENUE. 3. AFTER PERUSING THE MATERIALS AVAILABLE ON RECOR D, WE FIND THAT THE ADDITIONS DISPUTED BEFORE US IS BELOW THE TAX EFFECT LIMIT PR ESCRIBED BY CBDT VIDE CIRCULAR NO. 21 / 2015 DATED 10.12.2015 FOR PREFERRING APPEA LS BEFORE TRIBUNAL BY THE 2 REVENUE. ON PERUSAL OF THE CIRCULAR NO. 21 / 2015 DATED 10.12.2015 AND THE MATERIALS AVAILABLE ON RECORD, LD. DR COULD NOT POI NT OUT WHETHER THIS CASE FALLS UNDER ANY OF THE EXCEPTION AS PROVIDED IN THE CIRCUL AR DESPITE SPECIFIC OPPORTUNITY WAS GIVEN, DOES NOT FALL UNDER ANY OF THE EXCEPTION S CONTEMPLATED IN THE SAID CIRCULAR, AS THIS IS COVERED. WE ALSO FIND THAT TH E CIRCULAR MAKES IT VERY CLEAR THAT THE REVISED MONETARY LIMITS SHALL APPLY RETROSPECTIVE LY TO PENDING APPEALS ALSO. WE FIND THAT THE CIRCULAR IS BINDING ON THE TAX AUT HORITIES. THIS POSITION HAS BEEN CONFIRMED BY THE HONBLE APEX COURT IN THE CASE OF COMMISSIONER OF C USTOMS VS INDIAN OIL CORPORATION LTD REPORTED IN 267 ITR 272 (SC). HENCE, WE HOLD THAT THE APPEAL OF THE REVENUE DESERVES TO BE DISMISSED IN T ERMS OF LOW TAX EFFECT VIDE CIRCULAR NO.21 / 2015 DATED 10.12.2015. ACCORDINGL Y, THIS BEING A LOW TAX EFFECT CASE, WE DISMISS THIS APPEAL OF REVENUE IN LIMINE, AS UN-ADMITTED, WITHOUT GOING INTO THE MERITS OF THE CASE. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS THE 04T H DAY OF JANUARY, 2018. SD/- SD/- (K. NARSIMHA CHARY) (G.D. AGRAWAL) JUDICIAL MEMBER PRESIDENT DATED: 04 TH JANUARY, 2018 VJ COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT BY ORDER ASSTT. REGISTRAR