ACIT, New Delhi v. M/s. Vimoni India Pvt. Ltd., New Delhi

ITA 3634/DEL/2017 | 2012-2013
Pronouncement Date: 14-11-2019 | Result: Dismissed

Appeal Details

RSA Number 363420114 RSA 2017
Assessee PAN AAACV3859K
Bench Delhi
Appeal Number ITA 3634/DEL/2017
Duration Of Justice 2 year(s) 5 month(s) 8 day(s)
Appellant ACIT, New Delhi
Respondent M/s. Vimoni India Pvt. Ltd., New Delhi
Appeal Type Income Tax Appeal
Pronouncement Date 14-11-2019
Appeal Filed By Department
Order Result Dismissed
Bench Allotted G
Tribunal Order Date 14-11-2019
Assessment Year 2012-2013
Appeal Filed On 05-06-2017
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH G NEW DELHI BEFORE SHRI AMIT SHUKLA JUDICIAL MEMBER AND SHRI ANADEE NATH MISSHRA ACCOUNTANT MEMBER I.T.A. NO.3634/DEL/2017 ASSESSMENT YEAR: 2012-13 ASST. COMMISSIONER OF INCOME TAX CIRCLE-26(2) NEW DELHI. VS. M/S. VIMONI INDIA PVT. LTD. 3-D VANDANA BUILDING 11 TOLSTOY MARG NEW DELHI. TAN/PAN: AAACV 3859K (APPELLANT) (RESPONDENT) APPELLANT BY: SHRI SARAS KUMAR SR.D.R. RESPONDENT BY: MS. RAGINI HONDA CA DATE OF HEARING: 14 11 2019 DATE OF PRONOUNCEMENT: 14 11 2019 O R D E R PER AMIT SHUKLA JM THE AFORESAID APPEAL HAS BEEN FILED BY THE REVENUE AGAINST THE IMPUGNED ORDER DATED 31.01.2017 PASSED BY COMMISSIONER OF INCOME TAX (APPEALS)-XIII NEW DELH I FOR THE ASSESSMENT YEAR 2012-13. 2. AT THE OUTSET IT HAS BEEN POINTED OUT BY THE LD . D.R. THAT THE TAX EFFECT ON THE DISPUTED ISSUE RAISED IN THE REVENUES APPEAL IS MUCH BELOW RS.50 LAC AND THERE FORE IN VIEW OF NEW CBDT CIRCULAR NO.17/2019 THE APPEAL OF THE REVENUE IS NOT MAINTAINABLE. I.T.A. NO.3634/DEL/2017 2 3. IN VIEW OF THE CBDT CIRCULAR NO.17/2019 DATED 8 TH AUGUST 2019 WHEREIN THE CBDT HAS FURTHER ENHANCED THE MONETARY LIMIT FOR FILING OF APPEAL BY THE DEPARTME NT BEFORE THE INCOME TAX APPELLATE TRIBUNAL FROM RS.20 LACS T O RS.50 LACS. THE SAID CIRCULAR ALSO MAKE REFERENCE TO THE EARLIER CIRCULAR NO.3 OF 2018 DATED 11.07.2018 AND SPECIALL Y STATES THAT AS A STEP TOWARDS FURTHER MANAGEMENT OF LITIGA TION THE BOARD HAS DECIDED TO ENHANCE THE MONETARY LIMIT FOR FILING OF THE APPEALS. THIS CIRCULAR IS NOT IN SUPERSESSION O F THE EARLIER CIRCULAR BUT ONLY AMENDS THE MONETARY LIMITS AS WEL L AS GIVES CLARIFICATION WITH REGARD TO PARAGRAPH 5 OF THE EAR LIER CIRCULAR. THIS INTER ALIA MEANS THAT ALL THE OTHER CONDITIONS MENTIONED IN THE EARLIER CIRCULAR NO.3 OF 2018 DATED 11.07.20 18 WILL APPLY MUTATIS MUTANDIS INCLUDING THAT IS IT WILL APPLY TO ALL THE PENDING APPEALS. 4. FURTHER CBDT VIDE CLARIFICATION DATED 20.08.2019 HAS CLARIFIED THAT THE AFORESAID CIRCULAR WILL APPLY TO ALL PENDING APPEALS. ACCORDINGLY THE APPEAL OF THE REVENUE IS DISMISSED AS NON MAINTAINABLE AS THE TAX EFFECT IS BELOW RS.5 0 LAKHS. 5. IN THE RESULT THE APPEAL FILED BY THE REVENUE I S DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 14 TH NOVEMBER 2019. SD/- SD/- [ANADEE NATH MISSHRA] [AMIT SHUKLA] [ACCOUNTANT MEMBER] JUDICIAL MEMBER DATED: 14 TH NOVEMBER 2019 PKK: