ACIT, Circle-11(1), V. Pradeep Jolly,

ITSSA 152/DEL/2003

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 0569 (ITAT-DELHI)
• Duration Of Justice: 16 year(s) 4 month(s) 21 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 16-09-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Next Hearing Date: 18-07-2017
• Assessment Year: misc
• Appeal Filed On: 25-04-2003
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: SUMIT GOE L
• Keywords: Block assessment; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH FRIDAY NEW DELHI BEFORE SHRI R. K. PANDA, ACCOUNTANT MEMBER AND MS. SUCHITRA KAMBLE, JUDICIAL MEMBER MA NO.399/DEL/2019 (IN IT(SS) A NO.152/DEL/2003) BLOCK ASSESSMENT PERIOD : 01.04.87 TO 03.09.97 ACIT CIRCLE-11 (1) NEW DELHI VS. MR. PRADEEP JOLLY, S-23, GREATER KAILASH-II, NEW DELH-110048 (APPELLANT) (RESPONDENT) IT(SS) A NO.152/DEL/2003 BLOCK ASSESSMENT PERIOD : 01.04.87 TO 03.09.97 ACIT CIRCLE-11 (1) NEW DELHI VS. MR. PRADEEP JOLLY, S-23, GREATER KAILASH-II, NEW DELH-110048 (APPELLANT) (RESPONDENT) APPELLANT BY : MS. RINKU SINGH, SR. DR. RESPONDENT BY : SH. SUMIT GOEL, CA DATE OF HEARING : 06-09-2019 DATE OF PRONOUNCEMENT : 16-09-2019 O R D E R PER R. K. PANDA, AM : THE REVENUE THROUGH THIS MISCELLANEOUS APPLICATION REQUESTS THE TRIBUNAL TO RECALL THE EXPARTE ORDER PASSED BY IT D ISMISSING THE APPEAL FILED BY THE REVENUE ON ACCOUNT OF LOW TAX EFFECT. 2. THE LD. DR REFERRING TO THE CONTENTS OF THE MISC ELLANEOUS APPLICATION SUBMITTED THAT THE TAX EFFECT IN THE IN STANT CASE WAS RS.23,10,000/- WHEREAS THE APPEAL FILED BY THE REVE NUE WAS DISMISSED ON THE GROUND THAT THE TAX EFFECT INVOLVED IS LESS THAN RS.20,00,000/- 2 AND, THEREFORE, IN VIEW OF THE CBDT CIRCULAR NO.03/ 2018 DATED 11.07.2018 WHICH IS APPLICABLE EVEN TO PENDING APPE ALS, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE. SHE ACCOR DINGLY SUBMITTED THAT THE ORDER OF THE TRIBUNAL BE RECALLED. 3. THE LD. COUNSEL FOR THE ASSESSEE ON THE OTHER HA ND SUBMITTED THAT ALTHOUGH THE TAX EFFECT INVOLVED IN THE APPEAL FILED BY THE REVENUE IS MORE THAN 20 LACS, HOWEVER, THE SAME IS BELOW RS . 50 LACS AND THEREFORE, IN VIEW OF THE RECENT CBDT CIRCULAR NO.1 7/2019 DATED 08.08.2019, THE APPEAL FILED BY THE REVENUE HAS TO BE DISMISSED. 4. WE HAVE HEARD THE RIVAL ARGUMENTS MADE BY BOTH T HE SIDES AND PERUSED THE MATERIAL AVAILABLE ON RECORD. IT IS AN ADMITTED FACT THAT THE TRIBUNAL DISMISSED THE APPEAL FILED BY THE REVE NUE ON ACCOUNT OF LOW TAX EFFECT BY RELYING ON CBDT CIRCULAR NO.03/20 18 DATED 11.07.2018. HOWEVER, THE TAX EFFECT INVOLVED IS MO RE THAN 20 LAKHS. THEREFORE, THERE IS A MISTAKE CREPT IN THE ORDER OF THE TRIBUNAL WHICH CALLS FOR RECTIFICATION. WE, THEREFORE, RECALL THE ORDER OF THE TRIBUNAL AND THE MISCELLANEOUS APPLICATION FILED BY THE REVE NUE IS ALLOWED. IT(SS)A NO.152/DEL/2003 (BLOCK ASSESSMENT PERIOD : 01.04.87 TO 03.09.97) 5. AFTER HEARING BOTH THE SIDES WE FIND THE TAX EFF ECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE IS BELOW RS. 50 LACS. THE CBDT VIDE CIRCULAR NO.17/2018 DATED 08.08.2019 HAS ENHANCED T HE MONETARY LIMIT FOR FILING OF THE APPEALS BY THE DEPARTMENT B EFORE THE INCOME TAX APPELLATE TRIBUNAL TO 50 LACS. THEREFORE, THE TAX EFFECT IN THE APPEAL FILED BY THE REVENUE BEING BELOW RS.50 LACS, THE AP PEAL FILED BY THE REVENUE IS NOT MAINTAINABLE AND HAS TO BE DISMISSED . ACCORDINGLY THE APPEAL FILED BY THE REVENUE IS DISMISSED. 3 6. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 16.09.2019. SD/- SD/- (SUCHITRA KAMBLE) (R. K. PANDA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 16-09-2019. *NEHA* COPY OF ORDER TO: - 1) THE APPELLANT 2) THE RESPONDENT 3) THE CIT 4) THE CIT(A) 5) THE DR, I.T.A.T., NEW DELHI //TRUE COPY// ASSISTANT REGISTRAR ITAT, NEW DELHI DATE OF DICTATION 06.09.2019 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 06.09.2019 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER 16.09.2019 DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.PS /PS 16.09.2019 DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 16.09.2019 DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/ PS 16.09.2019 DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WE BSITE OF ITAT 16.09.2019 DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 17.0 9.2019 DATE ON WHICH FILE GOES TO THE HEAD CLERK. THE DATE ON WHICH FILE GOES TO THE ASSISTANT REGISTR AR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER