Income Tax Appellate Tribunal - Delhi
Dhara Vegetable Oil & Foods Co. Ltd., New ... vs Department Of Income Tax on 23 February, 2016
IN THE INCOME TAX APPELLATE TRIBUNAL
(DELHI BENCH 'B' : NEW DELHI)
BEFORE SHRI R.S. SYAL, ACCOUNTANT MEMBER
and
SHRI A.T. VARKEY, JUDICIAL MEMBER
ITA No.1112/Del./2011
(ASSESSMENT YEAR : 2004-05)
ACIT, Circle 5 (1), vs. M/s. Dhara Vegetable Oil & Foods Co. Ltd.,
New Delhi. (now merged with Mother Dairy Fruit &
Vegetable Ltd.),
Safdarjung Enclave, Opp. Kamal Cinema,
New Delhi.
(PAN : AABCD3060H)
(APPELLANT) (RESPONDENT)
ASSESSEE BY : S/Shri S.D. Kapila, R.R. Maurya and
Sanjay Kumar, Advocates
REVENUE BY : Shri Vivek Sharma, Senior DR
ORDER
PER A.T. VARKEY, JUDICIAL MEMBER :
This appeal, at the instance of the revenue, is filed against the order of the CIT (Appeals)-VIII, New Delhi dated 20.12.2010 for the assessment year 2004-05.
2. The tax effect in the appeal by the Revenue does not exceed the monetary limit of Rs.10 lakhs specified in Circular No.21/2015 dated 10th December,2015, F.No.279/Misc./142/2007-ITJ(Pt.).
3. We are of the opinion that the Circular of the CBDT results in the revenue appeal being not maintainable. Further this CBDT Circular, at para 10 specifies that the Instruction will apply retrospectively, to all pending appeals. We have examined the 2 ITA No.1112/Del./2011 grounds of appeal and have found that the tax effect on the quantum of income in dispute is below the monetary limit of Rs.10,00,000/- (Rupees Ten lakhs only).
4. Hence we dismiss the appeal filed by the Revenue on the ground that the tax effect in the present appeal does not exceed the monetary limit specified by the CBDT Circular No.21/2015 dated 10th December,2015, F.No. 279/Misc./142/2007-ITJ(Pt.) and hence not maintainable.
5. In case there is a mistake in the calculation or if the case is covered by any of the exception specified in the Circular, the revenue may file Misc. Application u/s 254(2) of the Income Tax Act 1961 pointing out the mistake and if the Bench is convinced of the mistake, the order will be recalled and the appeal will be restored for fresh disposal on merits.
6. In the result, the Revenue's appeal is dismissed.
Order pronounced in open court on this 23rd day of February, 2016.
Sd/- sd/-
(R.S. SYAL) (A.T. VARKEY)
ACCOUNTANT MEMBER JUDICIAL MEMBER
Dated the 23rd day of February, 2016
TS
Copy forwarded to:
1.Appellant
2.Respondent
3.CIT
4.CIT(A)-VIII, New Delhi.
5.CIT(ITAT), New Delhi.
AR, ITAT
NEW DELHI.