The ACIT, Central Circle-2, Room No.323, 3rd Floor, ARA Centre, Jhandewalan Extn., New Delhi. Vs. M/s. Majestic Properties (P) Ltd., 1/18B, Asaf Ali Road, New Delhi.a |
IN THE INCOME TAX APPELLATE TRIBUNAL
DELHI BENCHES "E": DELHI
BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER
AND
SHRI B.R.R. KUMAR, ACCOUNTANT MEMBER
ITA.No.5230/Del./2011
Assessment Year 2004-2005
The ACIT, Central Circle-2, M/s. Majestic Properties
Room No.323, 3rd Floor, vs., (P) Ltd., 1/18B, Asaf Ali
ARA Centre, Jhandewalan Road, New Delhi.
Extn., New Delhi. PAN AAACM7158E
(Appellant) (Respondent)
For Revenue : Ms. Pramita M. Biswas, CIT-DR
For Assessee : Shri Somil Agarwal, Advocate
Date of Hearing : 13.08.2019
Date of Pronouncement : 19.08.2019
ORDER
PER BHAVNESH SAINI, J.M.
This appeal by Revenue has been directed against
the Order of the Ld. CIT(A)-III, Delhi, Dated 14.09.2011 for
the A.Y. 2004-2005, challenging the deletion of addition of
Rs.65,44,000/- and Rs.18,28,800/-.
2. Admittedly, the tax effect in the Departmental
Appeal is less than Rs.50 lakhs. Vide Circular No.3/2018
2
ITA.No.5230/Del./2011 M/s. Majestic
Properties (P) Ltd., New Delhi.
Dated 11th July, 2018 issued by CBDT under section 268A
of the I.T. Act, it has been directed that the Department
shall not file appeal before the Tribunal in case where the
tax effect does not exceed the monetary limit of Rs.20 lakhs.
It is also directed that this instruction will apply
retrospectively to pending appeals and appeals to be filed
henceforth in the Tribunal. Pending appeals below the
specified tax limit may be withdrawn/not pressed by the
Department. The CBDT Vide Circular No.17/2019 Dated
08.08.2019 amended the earlier Circular No.3/2018 (supra)
whereby it has been directed that monetary limit for filing
the Departmental appeal in Income Tax Cases may be
enhanced further through this amendment in para-3 of the
Circular mentioned above and accordingly, the monetary
limit for filing the appeal before the Appellate Tribunal have
been enhanced to Rs.50 lakhs. Since Circular No.17/2019
Dated 08.08.2019 have been issued to amend its earlier
Circular No.3/2018 (supra), therefore, all the conditions of
earlier Circular No.3/2018 shall apply accordingly.
3
ITA.No.5230/Del./2011 M/s. Majestic
Properties (P) Ltd., New Delhi.
3. The Ld. D.R. in view of the above Board's
Circulars did not press the Departmental Appeal. The case
of the Department would not fall in the exceptions provided
in the above Board Circulars. In the result, the
Departmental appeal is not maintainable as the appeal is
filed against the Board instructions referred to above and
therefore, the appeal of the Department is liable to be
dismissed.
4. In the result, appeal of the Department
dismissed.
Order pronounced in the open Court.
Sd/- Sd/-
(B.R.R. KUMAR) (BHAVNESH SAINI)
ACCOUNTANT MEMBER JUDICIAL MEMBER
Delhi, Dated 19th August, 2019
VBP/-
Copy to
1. The appellant
2. The respondent
3. CIT(A) concerned
4. CIT concerned
5. D.R. ITAT "E" Bench
6. Guard File
4
ITA.No.5230/Del./2011 M/s. Majestic
Properties (P) Ltd., New Delhi.
//By Order//
Asst. Registrar : ITAT : Delhi Benches :
Delhi.
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