Income Tax Appellate Tribunal - Delhi
Dcit, New Delhi vs M/S. Eastern Medikit Ltd., New Delhi on 23 August, 2018
IN THE INCOME TAX APPELLATE TRIBUNAL
DELHI BENCH: 'B' NEW DELHI
BEFORE SHRI N.K.SAINI, ACCOUNTANT MEMBER
&
MS. SUCHITRA KAMBLE, JUDICIAL MEMBER
ITA No.-3919/Del/2010
(Assessment Year: 2004-05)
DCIT vs Eastern Medikit Ltd.
Circle-11(1) 3, Dr. G.C. Narang Marg,
C.R.Building Mall Road,
New Delhi New Delhi
PAN : AAACE0706G
Assessee by None
Revenue by Sh. Vijay Kumar Jiwani, Sr. DR
Date of Hearing 23.08.2018
Date of Pronouncement .08.2018
ORDER
PER SUDHANSHU SRIVASTAVA, J.M.
This appeal is filed by the department against order dated 15.06.2010 passed by the Ld. Commissioner of Income Tax (Appeals), XIII, New Delhi for assessment year 2004-05.
2. At the outset, It is brought to our notice that the quantum involved in this case being less than Rs. 20 lacs, squarely falls within the ambit of Circular No. 3/2018 dated 11.07.2018 issued by the Central Board of Direct Taxes prescribing the tax effect for preferring appeals before Tribunal by the revenue.
2 ITA NO. 3919/Del/2010(Eastern medikit Ltd.)
3. After perusing the materials available on record, we find that the amount disputed before us is below the tax effect limit prescribed by CBDT vide Circular No. 3/2018 dated 11.07.2018 for preferring appeals before tribunal by the revenue. On perusal of the Circular No. 3/2018 dated 11.07.2018 and the materials available on record, Ld. Sr. DR could not point out as to how and why such a Circular is not applicable to the facts of the case. We also find that the Circular makes it very clear that the revised monetary limits shall apply retrospectively to pending appeals also. We find that the Circular is binding on the tax authorities. Hence, we hold that the appeal of the revenue deserves to be dismissed in terms of low tax effect vide Circular No. 3/2018 dated 11.07.2018. Accordingly, this being a low tax effect case, we dismiss this appeal of revenue in limine, as unadmitted, without going into the merits of the case.
4. In the result, appeal of the revenue is dismissed.
Order pronounced in the open court on 23.08.2018 Sd/- Sd/-
(N.K.SAINI) (SUCHITRA KAMBLE) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 23.08.2018 *BR* Copy forwarded to:
1. Appellant
2. Respondent
3. CIT
4. CIT(Appeals)
5. DR: ITAT TRUE COPY ASSISTANT REGISTRAR 3 ITA NO. 3919/Del/2010 (Eastern medikit Ltd.) ITAT NEW DELHI Date of dictation 23.08.2018 Date on which the typed draft is placed 23.08.2018 before the dictating Member Date on which the typed draft is placed 23.08.2018 before the Other Member Date on which the approved draft 23/08/2018 comes to the Sr. PS/PS Date on which the fair order is placed 23/08/2018 before the Dictating Member for pronouncement Date on which the fair order comes 23/08/2018 back to the Sr. PS/PS Date on which the final order is /08/2018 uploaded on the website of ITAT Date on which the file goes to the /08.2018 Bench Clerk 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