ACIT, New Delhi V. M/s. Madhusudan Construction Pvt. Ltd., New Delhi

MA 10/DEL/2019

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 4670 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 3 month(s) 17 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 21-04-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2003-2004
• Appeal Filed On: 03-01-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH ‘F’ : NEW DELHI) BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER and DR. B.R.R. KUMAR, ACCOUNTANT MEMBER MA NO.10/DEL/2019 (in ITA No.5728/Del./2015) (ASSESSMENT YEAR : 2003-04) ACIT, Central Circle 15, vs. M/s. Madhusudan Construction Pvt. Ltd., New Delhi. Now Suridhi Infracon Pvt. Ltd. Plot No.1, BG-1, BG-2, Paschim Puri, New Delhi – 110 063. (PAN : AADCM7827P) (APPLICANT) (RESPONDENT) ASSESSEE BY : None APPLICANT/REVENUE BY : Shri Mrinal Kr. Das, Senior DR Date of Hearing : 22.04.2022 Date of Order : 22.04.2022 O R D E R PER AMIT SHUKLA, JM The aforesaid misc. Application has been filed by the Revenue holding that the Tribunal has dismissed the appeal of the Revenue as tax effect was lower than Rs.20 lakhs whereas tax effect was Rs.20,50,228/- in view of the CBDT Circular No.02/2018 dated 11.07.2018. However, there is another CBDT Circular No.17/2019 dated 8 th August, 2019 wherein the CBDT has laid down the tax effect 2 MA No.10/Del/2019 for filing of the appeal by the Revenue before the Tribunal at Rs.50,00,000/-, which is applicable for the pending appeals also. Therefore, even if, the tax effect was more than Rs.20 lakhs then also admittedly it is below Rs.50 lakhs. Accordingly, the appeal of the Revenue cannot be recalled and the misc. application is hereby dismissed. Sd/- sd/- (DR. B.R.R. KUMAR) (AMIT SHUKLA) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 22.04.2022 TS Copy forwarded to: 1.Appellant 2.Respondent 3.CIT 4.CIT(A). 5.CIT(ITAT), New Delhi. AR, ITAT NEW DELHI. 3 MA No.10/Del/2019