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« CIT vs. Reliance Industries Limited (Supreme Court)... | Sh. Pradip Kumar Khator 1080, First Floor, Sector-46,... » |
ITO Coy. Ward – 11(3) Room No. 420D C. R. Building New Delhi vs. Hi Life Exports (P) Ltd. Ward – 191, A, Ekta Marg, Western Avenue, Sainik Farms, New Delhi -110062 |
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March, 19th 2019 |
IN THE INCOME TAX APPELLATE TRIBUNAL
(DELHI BENCH: `F', NEW DELHI)
BEFORE SHRI H. S. SIDHU, JUDICIAL MEMBER
AND
SH. N. K. BILLAIYA, ACCOUNTANT MEMBER
ITA No:-3060/Del/2016
(Assessment Year: 2007-08)
ITO Hi Life Exports (P) Ltd.
Coy. Ward 11(3) Vs. Ward 191, A, Ekta Marg,
Room No. 420D Western Avenue, Sainik
C. R. Building Farms, New Delhi -110062
New Delhi PAN No. AAACH7962
APPELLANT RESPONDENT
Revenue by : Sh. Surender Pal, Sr DR
Assessee by : Sh. Sameer Malhotra, Advocate
Date of Hearing : 18.03.2019
Date of Pronouncement : 18.03.2019
ORDER
PER: N. K. BILLAIYA, AM
This appeal by the Revenue is preferred against the order of the Commissioner
of Income Tax [Appeals]-4, New Delhi, dated 08.03.2016 for Assessment Year 2007-08.
2. This appeal by the Revenue has to be dismissed in the light of the CBDT Circular
No.3/2018 dated 11.07.2018 by which Board has revised the monetary limit for filing of
appeals by the department before the ITAT and the monetary limit has been fixed at
Rs.20 lakhs. The Board at Clause 13 of the said Circular has clarified as under :-
2
ITA No.-3060/Del/2016
"This Circular will apply to SLPs/ appeals/ cross objections/ references to be filed
henceforth in Supreme Court/ High Court/ Tribunal and it shall also apply
retrospectively to pending SLPs/appeals/cross objections/references. The pending
appeals below the specified tax limit in para 3 above may be withdrawn/ not
pressed." However, it is observed that in case on re-verification at the end of the
Assessing Officer it can be demonstrated that the tax effect is more, or Revenue's
case falls within the ambit of exceptions provided in the Circular, then the
Department will be at liberty to approach the Tribunal for recall of this order
relatable to such cases. Such application should be filed within the time period
prescribed in the Act.
3. In the light of the aforesaid CBDT Circular, the appeal filed by the Revenue is
dismissed.
4. In the result, appeal of the Revenue is dismissed.
Order pronounced in the open court on 18.03.2019.
Sd/- Sd/-
(H. S. SIDHU) (N.K.BILLAIYA)
JUDICIAL MEMBER ACCOUNTANT MEMBER
Dated: 18.03.2019
Neha/-
Copy forwarded to:
1. Appellant
2. Respondent
3. CIT
4. CIT(Appeals)
5. DR: ITAT
ASSISTANT REGISTRAR
ITAT NEW DELHI
3
ITA No.-3060/Del/2016
Date of dictation 18.03.2019
Date on which the typed draft is placed before the 18.03.2019
dictating Member
Date on which the typed draft is placed before the 18.03.2019
Other Member
Date on which the approved draft comes to the Sr. 18.03.2019
PS/PS
Date on which the fair order is placed before the 18.03.2019
Dictating Member for pronouncement
Date on which the fair order comes back to the Sr. 18.03.2019
PS/PS
Date on which the final order is uploaded on the 18.03.2019
website of ITAT
Date on which the file goes to the Bench Clerk 18.03.2019
Date on which the file goes to the Head Clerk
The date on which the file goes to the Assistant
Registrar for signature on the order
Date of dispatch of the Order
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