DCIT, New Delhi v. M/s Air Liquid India Holding Pvt. Ltd.,, New Delhi

ITA 4690/DEL/2016 | 2010-2011
Pronouncement Date: 31-05-2021 | Result: Dismissed

Appeal Details

RSA Number 469020114 RSA 2016
Assessee PAN AAACA9121F
Bench Delhi
Appeal Number ITA 4690/DEL/2016
Duration Of Justice 4 year(s) 8 month(s) 29 day(s)
Appellant DCIT, New Delhi
Respondent M/s Air Liquid India Holding Pvt. Ltd.,, New Delhi
Appeal Type Income Tax Appeal
Pronouncement Date 31-05-2021
Appeal Filed By Department
Order Result Dismissed
Bench Allotted A
Tribunal Order Date 31-05-2021
Assessment Year 2010-2011
Appeal Filed On 01-09-2016
Judgment Text
ITA. 4690 (DEL) OF 2016 IN THE INCOME TAX APPELLATE TRIBUNAL [ DELHI BENCH I1 : NEW DLEHI ] (THROUGH VIDEO CONFERENCING) BEFORE SHRI N.K. BILLAIYA ACCOUNTANT MEMBER A N D SHRI SUDHANSHU SRIVASTAVA JUDICIAL MEMBER I.T.A. NO. 4690/DEL/2016 (A.Y 2010-11) (THROUGH VIDEO CONFERENCING) DCIT CIRCLE : 2 (1) NEW DELHI. (APPELLANT) VS. M/S. AIR LIQUID INDIA HOLDING PVT. LTD. A24/9 MOHAN CO- OPERATIVE MATHURA ROAD NEW DELHI 110 044. PIN : AAACA9121F (RESPONDENT) O R D E R PER N. K. BILLAIYA AM : THIS APPEAL BY THE REVENUE IS FILED AGAINST THE ORDER PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS)42 NEW DELHI FOR ASSESSMENT YEAR 2010-11. 2. AT THE TIME OF HEARING THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT TAX EFFECT INVOLVED IN THIS APPEAL IS BELOW THE PRESCRIBED LIMIT OF RS.50 LAKHS AS FIXED BY THE CBDT AND REQUESTED TO DISMISS THE REVENUES APPEAL ON ACCOUNT OF LOW TAX EFFECT. 3. PERUSAL OF THE AFORESAID APPEAL FILED BY THE REVENUE APPARENTLY SHOWS THAT THE SAME IS HAVING LOW TAX EFFECT AS PER CBDT CIRCULAR NO.17/2019 DATED 8 TH AUGUST 2019 VIDE WHICH THE REVENUE HAS BEEN DIRECTED NOT TO PREFER ANY APPEAL IN CASE THE TAX EFFECT IS LESS THAN RS.50 00 000/- AND THIS ASSESSEE BY : SHRI P. C. YADAV ADVOCATE; DEPARTMENT BY: SHRI SURENDER PAL [CIT]DR; DATE OF HEARING : 31.05.2021 DATE OF PRONOUNCEMENT: 31.05.2021 ITA. 4690 (DEL) OF 2016 FACTUAL POSITION HAS BEEN FAIRLY CONCEDED BY THE LEARNED [CIT]DEPARTMENTAL REPRESENTATIVE. 4. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE MATERIAL ON RECORD. PERUSAL OF CBDT CIRCULAR (SUPRA) SHOWS THAT MONETARY LIMIT FOR FILING THE APPEAL BY THE DEPARTMENT BEFORE THE TRIBUNAL HON'BLE HIGH COURT AND HON'BLE SUPREME COURT HAS BEEN REVISED. IN VIEW OF THE CBDT CIRCULAR NO.17/2019 DATED 8 TH AUGUST 2019 HAVING RETROSPECTIVE EFFECT AS COORDINATE BENCH OF THE TRIBUNAL IN CASE OF DINESH MADHAVLAL PATEL [TS-469-ITAT- 2019(AHD)] 2019-TIOL-1556-ITAT-AHM DATED 14 TH AUGUST 2019 HAS ALREADY DECIDED THE ISSUE AS TO THE APPLICABILITY OF THE CAPTIONED CIRCULAR TO THE PENDING APPEALS IN AFFIRMATIVE AND WHAT HAS BEEN DISCUSSED ABOVE WE ARE OF THE CONSIDERED VIEW THAT THE AFORESAID APPEAL IS NOT MAINTAINABLE BECAUSE OF LOW TAX EFFECT I.E. LESS THAN RS.50 00 000/- HENCE THE AFORESAID APPEAL FILED BY THE REVENUE IS HEREBY DISMISSED HAVING BEEN BECOME INFRUCTUOUS. HOWEVER IN CASE THE PRESENT APPEAL IS FOUND TO BE MAINTAINABLE AT ANY STAGE FOR ANY TECHNICAL REASONS THE DEPARTMENT SHALL BE AT LIBERTY TO SEEK RECALL OF THIS ORDER UNDER RELEVANT PROVISIONS OF LAW. 5. IN THE RESULT THE APPEAL FILED BY THE REVENUE IS DISMISSED BEING INFRUCTUOUS. ORDER PRONOUNCED IN THE OPEN COURT ON : 31/05/2021 . SD/- SD/- (SUDHANSHU SRIVASTAVA) ( N. K. BILLAIYA ) JUDICIAL MEMBER ACCOUNTANT MEMBER DATE : 31/05/2021 . *MEHTA* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT ITA. 4690 (DEL) OF 2016 3. CIT 4. CIT (APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI DATE OF DICTATION 31.05.2021 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 31.05.2021 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER 31.05.2021 DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. PS/PS 31.05.2021 DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT 31.05.2021 DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/PS 31.05.2021 DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT 31.05.2021 DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 31.05.2021 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