Income Tax Appellate Tribunal - Delhi
Pc Jewellers Ltd., New Delhi vs Acit, Circle- 19(2), New Delhi on 24 August, 2018
IN THE INCOME TAX APPELLATE TRIBUNAL
DELHI BENCHES "I-2", NEW DELHI
BEFORE SHRI R.K.PANDA, AM & SMT. BEENA A PILLAI, JM
ITA/ CO No. Appellant Respondent A.Y. Assessee By
1908/Del/2018 ACIT, M/s Penguin 2014-15 None
Circle 19(2), Buildtech (P) Ltd.
New Delhi. 6th Floor, Golf View
Corporate Tower
Tower A
Golf Course Road
Sector 42
Gurgaon 122 002
Haryana
AADCP6631N
3329/Del/2017 DCIT, Circle 17(1) M/s Mohan 2012-13 None
New Delhi Clothing
Co.Pvt.Ltd.
76, Udyog Vihar 1
Gurgaon 122 016
AAACM1374L
3453/Del/2017 ITO, Ward 17(2) M/s Mount 2012-13 None
New Delhi Apartment P.Ltd.
C-55, II Floor
Preet Vihar
New Delhi 92
AANFM2900Q
4598/Del/2017 ITO, Ward 47(1) Manish Bansal 2005-06 None
New Delhi
5359/Del/2017 ACIT, Circle 18(1) Smt. Neena Grover 2013-14 None
New Delhi 56/42, West
Punjabi Bagh
New Delhi 26
AAQPG3559E
5479/Del/2017 DCIT, Circle 16(1) Mantec 2013-14 None
New Delhi Consultants P.Ltd.
805, Vishal
Bhawan
95, Nehru Place
New Delhi 19
AAACM1496R
5836/Del/2017 ACIT, Circle 45(1) Sh. Rajiv Kumar 2014-15 Ms.Rinky
New Delhi Kataria Sharma, AR
T 8, Rajouri Garden
New Delhi 27
1644/Del/2018 ACIT, Circle 19(2) Petal Managements 2014-15 None
New Delhi Services P.Ltd.
Flat No.7451,
Pocket D7
Vasant Kunj
New Delhi 70
AAECP0353N
1645/Del/2018 ACIT, Circle 19(2) Petnet Radio 2013-14 None
New Delhi Pharmaceutical
Solutions P Ltd.
54/D-9,
Kisshangarh
Village
New Delhi 7
AACCD2596F
1646/Del/2018 ACIT, Circle 19(2) PC Jewellers Ltd. 2011-12 Sh.
New Delhi C-54, Preet Vihar Marudhar
Delhi 92 Aggarwal,
AADCP5443Q Adv.
C.O.No.99/Del/18 PC Jewellers Ltd. ACIT, Circle 19(2) 2011-12 Sh. Marudhar
(In ITA 1646/Del/18) C-54, Preet Vihar New Delhi Aggarwal,
Delhi 92 Adv.
AADCP5443Q
1641/Del/2018 ACIT, Circle 20(2) Quippo Valuers & 2014-15 None
New Delhi Auctioneers P Ltd.
D-2, 5th floor
Southern Park
Saket Place
Delhi 17
AABCH5726J
3570/Del/2016 ACIT, Central Sh. Bhupinder 2004-05 Sh. Lalit
Circle 18 Singh Kochar Mohan, C.A.
New Delhi 5, Kasturba Gandhi
Marg
New Delhi 1
AAIPK4653K
2913/Del/2017 ACIT, Circle 28(1) Sh. Deepak Dhar 2011-12 Sh.
New Delhi Gupta S.S.Kalra,
A 145, New Friends C.A.
Colony
New Delhi 48
ACNPG1164G
647/Del/2017 ACIT, Circle 76(1) Trading Engineers 2012-13 None
New Delhi (International) Ltd.
UM House
Plot No.35P
Sector 44
Gurgaon 122 002
AAACT3870G
3483/Del/2016 DCIT, Circle 16(2) Sh. Ramesh Chand 2006-07 Sh. Somil
New Delhi Roorkee Aggarwal,
Adv.
Sh. Lakshya
Goyal, Adv.
Sh. Saurash
Goyal, CA
C.O.283//Del/2016 Sh. Ramesh DCIT, Circle 16(2) 2006-07 - Do -
In ITA 3483/Del/16) Chand New Delhi
S/o Sh. Prakash
Agarwal
12/1, Main
bazaar
(New Mandir)
Bhagwanpur
Roorkee
AUAPC2368R
2185/Del/18 & DCIT, Circle 3 Pay U Payments 2013-14
2186/Del/2018 Gurgaon 4th Floor, Pearl &
Tower 2014-15
Plot no.51, Sector
32
Gurgaon 122 001
Haryana
AAJCS9091D
3304/Del/2017 ACIT, C.C.26 Sh. Bal Kishan 2005-06 None
New Delhi Saraf
1290, Katra Dhulia
Chandni Chowk
Delhi 6
AAHPS3659Q
3303/Del/2017 ACIT, C.C.26 Sh. Bal Kishan 2003-04 None
New Delhi Saraf
1290, Katra Dhulia
Chandni Chowk
Delhi 6
AAHPS3659Q
6294/Del/2016 ACIT, Circle 28(1) Sh. Ashish Abrol 2013-14 Sh.KP Garg,
Delhi Prop. M/s Janex C.A.
X-2, Okhla
Industrial area
Phase II
New Delhi 110 020
AAEPA6509L
6686/Del/2016 ACIT, Central Sh. Sanjay Singhal 2014-15 None
Circle 19 83, Sunder Nagar
New Delhi New Delhi
ABMPS1773M
4738/Del/2017 ITO(E), Trust Aryawart Welfare 2014-15 None
Ward 1(1) Society
New Delhi Sector C
Ryan International
School
Pocket 8
Vasant Kunj
New Delhi 110 037
AAATA4965G
1548/Del/2018 Philip Koshy 2012-13 None
1542/Del/2018 ACIT, Central Rathi Bars Limited 2015-16 Sh.Ved Jain,
Circle 16 A 24/7, Mohan Co- Adv.
New Delhi Op. Indl. Estate Sh. Pranjal
Mathura Road Srivastava,
N.Delhi 44 Adv.
AAACR0737N
2398/Del/2017 ITO, Ward 15(1) Lambodar Finvest 2012-13 None
New Delhi 2 P Ltd.
Om Tower,
M.I.Road
Church Road
Jaipur
AAACL2355C
2904/Del/2018 DCIT, Circle 1 Lakhani Footwear P 2013-14 None
Faridabad Ltd.
Plot No.130
Sector 24
Faridabad
Haryana
AAACL3112H
770/Del/2017 ACIT Sh. Rahul Mishra 2006-07 None
Circle 30(1) B-23, Chirag
New Delhi Enclave
New Delhi 44
AAFPM6245A
C.O.85/Del/2017 Sh. Rahul Mishra ACIT 2006-07 None
(In ITA 770/Del/17) B-23, Chirag Circle 30(1)
Enclave New Delhi
New Delhi 44
AAFPM6245A
2782/Del/2016 ACIT, Central Sh. Arun Kumar 2011-12 None
Circle 13 B 61, Main Market
New Delhi 55 Madipur Colony
New Delhi 63
AHBPK6487D
2760/Del/2016 ITO, Ward 3 Sh. Rajesh Ruhil 2010-11 None
Aayakar bhawan VPO-Rohad
Rohtak Bahadurgarh
Dt.Jhajjar
Haryana
ANCPR9819D
Revenue by: Sh. H.K.Chaudhary, CIT, D.R.
Date of Hearing : 23.08.2018
Date of pronouncement: 24/08/2018
ORDER
PER BENCH:
These appeals by Department are against different assessee's and Cross objections/Appeals by some assessee's are heard together. These appeals have been filed against orders passed by respective Ld.CIT(A), in relation to different assessment years.
2. Ld. CIT.DR appeared on behalf of Revenue. In some appeals, assessees hasrecorded appearance through their representatives, while in others, assessees remained unrepresented.
3. We have heard the parties. It is found that purs uant to mandate of sectio n 268A, CBDT has issued Circular No. 03 of 2018, dated 11th July, 2018 with retrospective effect, revising monetary limit to Rs.20,00,000/- for not filing appeals before the Tribunal. Since tax effect involved in instant appeals is less than Rs.20,00,000/-, therefore they are not maintainable. The Ld.CIT.D.R., altho ugh supported orders of Ld.AO, could no t controvert the fact that tax effect involved in these appeals is less than Rs.20,00,000/-.
4. On Going thro ugh above referred CBDT Circular, it is clear that it is applicable to all pending appeals with retrospective effect, and there is a clear-cut direction to the Department to either withdraw, or not press such appeals filed before the Tribunal, wherein tax effect is less than Rs.20,00,000/-. We are, therefore, of the view that all the above appeals are not maintainable, as tax effect in these appeals are admittedly less than Rs. 20,00,000/-.
5. The Ld.CIT.DR brought to our notice letter dated 20.08.2018 by Director (ITJ), CBDT, New Delhi addressed to All Principal CCITs in respect of para no. 10 of Circular dated 11.7.2018, enumerating certain exceptional instances where appeals filed by revenue should be contested, notwithstanding low tax effect. For the sake of convenience the same is reproduced as under:
"10. Adverse judgments relating to the following issues should be contested on merits notwithstanding that the tax effect entitled is less than the monetary limits specified in paragraph 3 above or there is no tax effect:
(a) where the constitutional validity of the provisions of an Act or Rule is under challenge, or
(b) where Board's order, Notification, Instruction or Circular has been held to be illegal or ultra vires, or
(c) where revenue audit objection in the case has been accepted by the Department, or
(d) where addition relates to undisclosed foreign income/undisclosed foreign assets (including financial assets)/undisclosed foreign bank account.
(e) where addition is based on information received from external sources in the nature of law enforcement agencies such as CBI/ED/DRI/SFIO/Directorate General of GST Intelligence (DGGI).
(f) cases where prosecution has been filed by the Department and is pending in the court."
Ld.CIT DR, however, could not place any material on record to demonstrate that any of the appeals listed before us stands covered by amended para 10, vide letter dated 20.08.2018 by Director (ITJ), CBDT, New Delhi addressed to All Principal CCITs.
5.1. Under these circumstances, we dismiss all present appeals filed by Revenue with liberty to Department to prefer Miscellaneous Applications, if it is found that either tax effect is more than Rs.20,00,000/-, or appeal gets covered by revised para 10 of Circular dated 11.7.2018, vide letter dated 20.08.2018 of Director (ITJ), CBDT, New Delhi addressed to All Principal CCITs.
Accordingly, appeals of the Revenue stand dismissed.
6. So far as cross objection/cross appeal filed by assessee in some appeals filed by revenue are concerned, we hold as under:
· In respect of CO No.99/del/2018 filed by assessee in ITA No. 1646/del/2018 is concerned Ld.AR did not pressed the grounds raised therein. Accordingly CO No.99/del/2018 stands dismissed as not pressed.
· In respect of CO No. 85/del/2017 filed by assessee in ITA No. 770/del/2017 and CO No. 283/del/2016 filed by assessee in ITA No. 3483/del/2016 are in support of the order passed by Ld. CIT (A) therein respectively. Since vide para 5-5.1 hereinabove, appeals filed by revenue is dismissed, CO number 85/del/2017 and CO No. 283/del/2016 becomes infructuous.
7. In the result, all appeals by Revenue as well as C.O. by assessee stands dismissed.
The order pronounced in the open court on 24.08.2018.
Sd/- Sd/-
(R.K.PAN DA) (BEENA PILLAI)
ACCOUNTANT MEMBER JUDICIAL MEMBER
Dated: 24/08/2018
Manga
Copy forwarded to:
1. Appellant
2. Respondent
3. CIT
4. CIT(Appeals)
5. DR: ITAT
ASSISTANT REGISTRAR