ITO, Rishikesh v. M/s. M.S. Negi & Associates, Tehri Garhwal

ITA 2001/DEL/2015 | 2010-2011
Pronouncement Date: 26-03-2021 | Result: Dismissed

Appeal Details

RSA Number 200126014 RSA 2015
Assessee PAN AAOFM7846C
Bench Dehradun
Appeal Number ITA 2001/DEL/2015
Duration Of Justice 5 year(s) 11 month(s) 19 day(s)
Appellant ITO, Rishikesh
Respondent M/s. M.S. Negi & Associates, Tehri Garhwal
Appeal Type Income Tax Appeal
Pronouncement Date 26-03-2021
Appeal Filed By Department
Order Result Dismissed
Bench Allotted DB
Tribunal Order Date 26-03-2021
Last Hearing Date 03-03-2021
First Hearing Date 03-03-2021
Assessment Year 2010-2011
Appeal Filed On 06-04-2015
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL DEHRADUN BENCH : DEHRADUN (THROUGH VIRTUAL HEARING) BEFORE SHRI R.K. PANDA ACCOUNTANT MEMBER AND SHRI AMIT SHUKLA JUDICIAL MEMBER ITA NO.2001/DEL/2015 ASSESSMENT YEAR: 2010-11 ITO WARD-1 RISHIKESH. VS M.S. NEGI & ASSOCIATES NEAR MILAN WEDDING POINT COLLEGE ROAD CHAMBA TEHRI GARHWAL. PAN: AAOFM7846C (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI KAPIL GOEL ADVOCATE REVENUE BY : SHRI VINAY SINGH RAWAT SR. DR DATE OF HEARING : 26.03.2021 DATE OF PRONOUNCEMENT : 26.03.2021 ORDER PER R.K. PANDA AM: THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST THE ORDER DATED 06.01.2015 OF THE CIT(A) DEHRADUN RELATING TO THE ASSESSMENT YEAR 2010-11. 2. THE LD. COUNSEL FOR THE ASSESSEE AT THE OUTSET SUBMITTED THAT THE TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE IS BE LOW RS.50 LAKHS. THEREFORE IN VIEW OF THE RECENT CBDT CIRCULAR NO.17/2019 DATED 8 TH AUGUST 2019 RAISING THE MONETARY LIMIT FOR FILING OF THE APPEAL BY THE REVE NUE BEFORE THE TRIBUNAL TO RS.50 LAKHS AND THE SUBSEQUENT CLARIFICATION OF THE CBDT VIDE NOTIFICATION DATED 20 TH ITA NO. 2001 / DEL /20 1 5 2 AUGUST 2019 STATING THAT THE SAID CIRCULAR IS APPL ICABLE EVEN TO PENDING APPEALS THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE . 3. THE LD. DR ON THE OTHER HAND FAIRLY CONCEDED T HAT THE TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE BEING BELOW RS.50 LAKHS THE APPEAL FILED BY THE REVENUE SQUARELY FALLS WITHIN THE AMBIT OF THE RECE NT CBDT CIRCULAR NO.17/2019 DATED 8 TH AUGUST 2019 AND THE SUBSEQUENT CLARIFICATION DATE D 20 TH AUGUST 2019. 4. AFTER HEARING BOTH THE SIDES WE FIND THE TAX EF FECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE IS ADMITTEDLY BELOW RS.50 LAK HS. THEREFORE IN VIEW OF THE CBDT CIRCULAR NO.17/2019 DATED 8 TH AUGUST 2019 RAISING THE MONETARY LIMITS FOR FILING OF THE APPEALS BY THE REVENUE BEFORE THE TRI BUNAL TO RS.50 LAKHS AND THE SUBSEQUENT CLARIFICATION DATED 20 TH AUGUST 2019 TO THE EFFECT THAT THE SAID CIRCULAR IS APPLICABLE EVEN TO PENDING APPEALS THE APPEAL F ILED BY THE REVENUE IS NOT MAINTAINABLE. ACCORDINGLY THE SAME IS DISMISSED. 5. HOWEVER IF THE REVENUE AT ANY POINT OF TIME FIN DS THAT THE TAX EFFECT INVOLVED IN THE GROUNDS OF THE REVENUE IS MORE THAN RS.50 LAKHS OR THAT THE SAME IS FALLING UNDER THE EXCEPTIONS PROVIDED IN THE SAID C IRCULAR THE REVENUE MAY MOVE NECESSARY APPLICATION FOR RECALL OF THIS ORDER.