ITO, New Delhi V. Uncle Nephew Impex Pvt. Ltd., New Delhi

MA 194/DEL/2019

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 9365 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 6 month(s) 26 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-10-2021
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2006-2007
• Appeal Filed On: 11-03-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SANJAY NARGEES
• Assessee Lawyers: LALITHA KRISHNAMURTHI
• Keywords: Tax effect; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘Friday’: NEW DELHI (Through Video Conferencing) BEFORE, SHRI R.K.PANDA, ACCOUNTANT MEMBER AND SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER M.A No.194/Del/2019 Arising out of I.T.A No.3628/Del/2015 (ASSESSMENT YEAR 2006-07) Income Tax Officer, Ward-27(1), New Delhi. Vs. Uncle Nephew Impex Pvt. Ltd., A-1/69, Panchsheel Enclave, New Delhi. PAN-AAACU 7383B (Appellant) (Respondent) I.T.A No.3628/Del/2015 (ASSESSMENT YEAR 2006-07) Income Tax Officer, Ward-27(1), New Delhi. Vs. Uncle Nephew Impex Pvt. Ltd., A-1/69, Panchsheel Enclave, New Delhi. PAN-AAACU 7383B (Appellant) (Respondent) Appellant By Sh. Sanjay Nargees, Sr. DR Respondent by Mrs. Lalitha Krishnamurthi, CA Ms. Himani Jain, CA Date of Hearing 08.10.2021 Date of Pronouncement 08.10.2021 2 MA No.194 /Del/2019 ITA No.3628/Del/2015 ITO vs. Uncle Nephew Impex Pvt. Ltd. ORDER PER SUDHANSHU SRIVASTAVA, JM: This Miscellaneous Application has been preferred by the Department praying for recall of the order dated 11.10.2018 in ITA No.3628/Del/2015 wherein the Department’s appeal was dismissed as the quantum of tax involved was less than Rs.20 lac and in view of Circular No.3/2018 dated 11.07.2018, the appeal of the Department was not maintainable. The Department has filed Miscellaneous Application contending that the tax effect in this appeal filed by the Department was Rs.20,19,000/- which was more than Rs.20 lacs and, therefore, the appeal could not be dismissed in terms of CBDT Circular No.3/2018 dated 11.07.2018. 2.0 Per contra, the Ld. Authorized Representative (AR) submitted that undisputedly the tax effect involved was more than Rs. 20 lacs but in view of the new CBDT Circular No.17/2019 dated 08.08.2019 the appeal was still not maintainable. 3.0 Having heard both the parties on the issue of recall of the order, we deem it fit to recall this order dated 11.10.2018 as the tax 3 MA No.194 /Del/2019 ITA No.3628/Del/2015 ITO vs. Uncle Nephew Impex Pvt. Ltd. effect was more than Rs.20 lacs. However, we also agree with the contention of the Ld. AR that in view of the new CBDT Circular No.17/2019 dated 08.08.2019 the appeal of the Department is still not maintainable as the new limit prescribed by the said circular for the purpose of preferring appeals before this Tribunal is Rs.50 lacs for the Department. Accordingly, we deem it fit to dismiss the appeal of the Department in view of new CBDT Circular No.17/2019 dated 08.08.2019. 4.0 In the final result, the Miscellaneous Application of the Department is allowed but the appeal of the Department stands dismissed. Above decision was announced in the presence of both the parties on conclusion of Virtual Hearing on 8 th October, 2021. Sd/- Sd/- (R.K.PANDA) (SUDHANSHU SRIVASTAVA) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 08/10/2021 PK/Ps 4 MA No.194 /Del/2019 ITA No.3628/Del/2015 ITO vs. Uncle Nephew Impex Pvt. Ltd. Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI