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 Attachment on Cash Credit of Assessee under GST Act: Delhi HC directs Bank to Comply Instructions to Vacate
 Income Tax Addition Made Towards Unsubstantiated Share Capital Is Eligible For Section 80-IC Deduction: Delhi High Court

ITO Ward – 11(1), New CGO Complex, NG-4, Faridabad vs. Sh. Pawan Kumar Malhotra Prop. M/s. Neumann Engg. Works, 16/4, Mathura Road, Faridabad
January, 04th 2019
         IN THE INCOME TAX APPELLATE TRIBUNAL
                  DELHI BENCH `E', NEW DELHI

       BEFORE SMT. DIVA SINGH, JUDICIAL MEMBER
                        AND
            SH. R.K PANDA, ACCOUNTANT MEMBER

                            ITA No.2198/Del/2016
                        Assessment Year: 2008-09

     ITO Ward ­ 11(1), New CGO           Sh. Pawan Kumar Malhotra
     Complex, NG-4, Faridabad         Vs Prop. M/s. Neumann Engg.
                                         Works, 16/4, Mathura Road,
                                         Faridabad
                                         PAN ABDP M2836 N
     (APPELLANT)                         (RESPONDENT)

     Appellant by                        Sh. Rinku Singh, Sr DR
     Respondent by                       None

     Date of hearing:                    03/01/2019
     Date of Pronouncement:              03/01/2019

                                 ORDER

PER R.K. PANDA, AM:


1.     This appeal filed by the revenue is directed against the order dated
17.02.2016 of the CIT(A), Faridabad relating to A. Y. 2008-09.







2.     None appeared on behalf of the assessee. However, Ld. DR pointed out that
the tax effect involved in the appeal filed by the revenue is below Rs.20,00,000/-.
The CBDT vide circular No.03/2018 [F.No.279/Misc.142/2007-ITJ (Pt.)] dated
11.07.2018 has revised the monetary limit to Rs.20,00,000/- for filing of the
appeals by the department before ITAT. As per para 3 of the said circular it is also
clarified that the pending appeals of the department before ITAT having monetary
limit of Rs. 20,00,000/- will be treated as withdrawn. Since in the instant case
the tax effect is admittedly below Rs. 20,00,000/-, therefore, in view of the latest
CBDT Circular cited (supra) the appeal filed by the revenue is dismissed.
4.   In the result, the appeal filed by the revenue is dismissed.








     Order pronounced in the open court at the time of hearing i.e. on

03.09.2018.




     Sd/-                                                           Sd/-
  (DIVA SINGH)                                         (R.K PANDA)
 JUDICIAL MEMBER                                   ACCOUNTANT MEMBER


*Neha*
Date:- 03.01.2019
Copy forwarded to:
1.   Appellant
2.   Respondent
3.   CIT
4.   CIT(Appeals)
5.   DR: ITAT
                                                     ASSISTANT REGISTRAR
                                                           ITAT NEW DELHI




                                        2
Date of dictation                             03.01.2019
Date on which the typed draft is placed
before the dictating Member
Date on which the approved draft comes to
the Sr.PS/PS
Date on which the fair order is placed before
the Dictating Member for Pronouncement
Date on which the fair order comes back to
the Sr. PS/ PS
Date on which the final order is uploaded     03.09.2019
on the website of ITAT
Date on which the file goes to the Bench
Clerk
Date on which file goes to the Head Clerk.
The date on which file goes to the Assistant
Registrar for signature on the order
Date of dispatch of the Order




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