DCIT, Dehradun v. M/s. Ganga Realtors (P) Ltd.,, Dehradun

ITA 4862/DEL/2016 | 2010-2011
Pronouncement Date: 05-03-2021 | Result: Dismissed

Appeal Details

RSA Number 486226014 RSA 2016
Assessee PAN AACCG5518L
Bench Dehradun
Appeal Number ITA 4862/DEL/2016
Duration Of Justice 4 year(s) 5 month(s) 23 day(s)
Appellant DCIT, Dehradun
Respondent M/s. Ganga Realtors (P) Ltd.,, Dehradun
Appeal Type Income Tax Appeal
Pronouncement Date 05-03-2021
Appeal Filed By Department
Order Result Dismissed
Bench Allotted DB
Tribunal Order Date 05-03-2021
Last Hearing Date 05-03-2021
First Hearing Date 05-03-2021
Assessment Year 2010-2011
Appeal Filed On 12-09-2016
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL DEHRADUN CIRCUIT BENCH: DEHRADUN BEFORE SHRI SUDHANSHU SRIVASTAVA JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI ACCOUNTANT MEMBER ITA NO.4862/DEL/2016 (ASSESSMENT YEAR: 2010-11) DY. CIT CENTRAL CIRCLE-II DEHRADUN. VS. M/S GANGA REALTORS (PVT.) LTD. C-7 RACE COURSE DEHRADUN. PAN AACCG 5518L (APPELLANT) (RESPONDENT) APPELLANT BY SH. N.C. UPPADHAY SR. DR RESPONDENT BY NONE DATE OF HEARING 05.03.2021 DATE OF PRONOUNCEMENT 05.03.2021 ORDER PER SUDHANSHU SRIVASTAVA JM: THIS APPEAL IS PREFERRED BY THE REVENUE AGAINST O RDER DATED 31.03.2016 PASSED BY THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-2 AGRA (CAMP AT DEHRADUN) {CIT(A)} FOR ASSESSMENT YEAR 2010-11. 2 ITA NO.4862/DEL/2016 DCIT VS. M/S GANGA REALTORS (P) LTD. 2.0 WHEN THE CASE WAS CALLED OUT FOR HEARING AN A PPLICATION FOR ADJOURNMENT WAS PLACED BEFORE US SEEKING ADJOURN MENT OF THE HEARING TO SOME LATER DATE. HOWEVER AFTER GOING TH ROUGH THE CASE FILE WE ARE OF THE OPINION THAT GIVEN THE FACTS OF THE CASE THE BENCH CAN PROCEED EX-PARTE QUA THE ASSESSEE WITH THE HEARI NG OF THIS CASE. ACCORDINGLY WE REJECT THE APPLICATION FOR ADJOURNM ENT. 3.0 THE LD. SR. DEPARTMENTAL REPRESENTATIVE (DR) F AIRLY SUBMITTED THAT THE MONITORY VALUE INVOLVED IN THIS APPEAL WAS MUCH LESS THAN THE MONITORY LIMIT PRESCRIBED FOR PREFERR ING APPEALS BEFORE THE INCOME TAX APPELLATE TRIBUNAL. THE LD. SR. DR F AIRLY ACCEPTED THAT THIS APPEAL WAS NOT MAINTAINABLE IN VIEW OF THE CBDT VIDE CIRCULAR NO.17/2019 DATED 08.08.2019 HAS REVISED TH E MONETARY LIMIT FOR FILING THE APPEALS BEFORE THE TRIBUNAL TO RS.50 LACS. FURTHER CBDT VIDE LETTER DATED 20.08.2019 HAS ALSO CLARIFIED THAT CIRCULAR NO.17/2019 WOULD BE APPLICABLE TO ALL PEND ING APPEALS. IN SUCH CIRCUMSTANCES THE PRESENT APPEAL FILED BY THE REVENUE IN CASE OF LOW TAX EFFECT IS NOT MAINTAINABLE. 4.0 BEFORE PARTING WE CLARIFY HERE THAT THE REVENUE SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR RE-INSTITUT ION OF APPEAL IF THE 3 ITA NO.4862/DEL/2016 DCIT VS. M/S GANGA REALTORS (P) LTD. REQUISITE MATERIAL IS BROUGHT TO SHOW THAT THE APPEA L IS PROTECTED BY THE EXCEPTIONS PRESCRIBED IN PARA-10 OF THE CIRCULA R DATED 11.07.2018. 5.0 IN CONCLUSION BY APPLYING THE CBDT CIR CULAR DATED 08.08.2019 AND LETTER DATED 20.08.2019 (SUPRA) THE CAPTIONED APPEAL OF THE REVENUE IS DISMISSED AS WITHDRAWN/NOT P RESSED. 6.0 IN THE FINAL RESULT THE APPEAL OF THE R EVENUE STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 05/03/ 2021. SD/- SD/- (PRASHANT MAHARISHI) (SUDHANSHU SRIVASTAVA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 05/03/2021 PK/PS COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI (DEHRADUN CIRCUIT BENCH DEHRADUN)