DCIT, New Delhi v. M/s. Gulshan Developers Pvt. Ltd., New Delhi

ITA 5315/DEL/2015 | 2005-2006
Pronouncement Date: 20-11-2019 | Result: Dismissed

Appeal Details

RSA Number 531520114 RSA 2015
Assessee PAN AADCG0728J
Bench Delhi
Appeal Number ITA 5315/DEL/2015
Duration Of Justice 4 year(s) 2 month(s) 23 day(s)
Appellant DCIT, New Delhi
Respondent M/s. Gulshan Developers Pvt. Ltd., New Delhi
Appeal Type Income Tax Appeal
Pronouncement Date 20-11-2019
Appeal Filed By Department
Order Result Dismissed
Bench Allotted F
Tribunal Order Date 20-11-2019
Last Hearing Date 06-08-2019
First Hearing Date 06-08-2019
Assessment Year 2005-2006
Appeal Filed On 27-08-2015
Judgment Text
CROSS APPEAL M/S.GULSHAN DEVELOPERS PVT. LTD. V. DCIT CEN. CIR-18 NEW DELHI FOR A.Y. 2005-06 PAGE 1 OF 3 ' IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES F NEW DELHI BEFORE MS.SUCHITRA KAMBLE JUDICIAL MEMBER AND SHRI O.P.MEENA ACCOUNTANT MEMBER . . ./ I.T.A NO.5315/DEL/2015 / ASSESSMENT YEAR: 2005-06 DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-18 JHANDEWALAN EXTN NEW DELHI. VS . M/S.GULSHAN DEVELOPERS PVT. LTD. 4 DAYANAND VIHAR NEW DELHI. [PAN: AADCG 0728 J] / APPELLANT /RESPONDENT CROSS OBJECTION NO.433/DEL/2015 ARISING OUT OF ITA NO.5315/DEL/2015 / ASSESSMENT YEAR: 2005-06 M/S.GULSHAN DEVELOPERS PVT. LTD. 4 DAYANAND VIHAR NEW DELHI. [PAN: AADCG 0728 J] VS . DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-18 JHANDEWALAN EXTN NEW DELHI. / APPELLANT /RESPONDENT /ASSESSEE BY MS.RAGINI HANDA CA /REVENUE BY SHRI S.N.MEENA SR.DR / DATE OF HEARING: 20.11.2019 /PRONOUNCEMENT ON: 20.11.2019 /O R D E R PER O.P.MEENA AM: 1. THIS APPEAL BY THE REVENUE AND CROSS OBJECTION BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF LD.COMMISSIONER OF CROSS APPEAL M/S.GULSHAN DEVELOPERS PVT. LTD. V. DCIT CEN. CIR-18 NEW DELHI FOR A.Y. 2005-06 PAGE 2 OF 3 INCOME TAX(APPEALS)-29 NEW DELHI DATED 08.06.2015 FOR THE ASSESSMENT YEAR 2005-06. 2. WE HAVE HEARD THE ABOVE APPEAL AND FIND THAT THE TAX EFFECT INVOLVED IS BELOW RS.50LAKHS. THE CBDT VIDE CIRCULAR NO.17/2019 DATED 8 TH AUGUST 2019 [F.NO.279/ MISC.142/ 2007- ITJ (PT)] BY AMENDING PARA 3 OF CBDT CIRCULAR NO.3/2018 DATED 11.07.2018 HAS ENHANCED THE MONETARY LIMIT FOR FILING OF APPEAL BEFORE TRIBUNAL AT RS.50 LAKHS AND HAS ALSO REMOVED ANOMALY IN PARA 5 OF SAID CIRCULAR NO. 3/2018.WE FIND THAT THE PRESENT CASE DO NOT FALL WITHIN THE EXCEPTIONS CLAUSE 10 OF SAID CIRCULAR NO.3/2018. FURTHER THE ABOVE CIRCULAR IS ALSO APPLICABLE TO ALL PENDING APPEALS AS CLARIFIED BY THE CBDT VIDE LETTER DATED 20.08.2019 [F.NO.279/MISC./M-93/2018-ITJ] AND IN THE LIGHT OF JUDGEMENT OF HON`BLE SUPREME COURT IN THE CASE OF PR. CIT JAIPUR V. MEENAKSHIMODI SLP (CIVIL) DIARY NO. 25076 OF 2019- DATED 16.08.2019 WHEREIN THE HON`BLE SUPREME COURT HAS DISMISSED THE APPEAL OF REVENUE AS TAX INVOLVED WAS LESS THAN RS. 2 CRORES. THEREFORE THE PRESENT APPEALS ARE NOT MAINTAINABLE AS PER ABOVE CIRCULAR NO. 17/2019 HENCE DISMISSED AS WITHDRAWN. HOWEVER THE REVENUE IS AT LIBERTY TO APPROACH TO THIS CROSS APPEAL M/S.GULSHAN DEVELOPERS PVT. LTD. V. DCIT CEN. CIR-18 NEW DELHI FOR A.Y. 2005-06 PAGE 3 OF 3 TRIBUNAL FOR RECALLING THIS ORDER IF IT COMES TO THE NOTICE OF THE AO THAT THE TAX EFFECT IS MORE THAN THE MONETARY LIMIT PRESCRIBED UNDER THE SAID CIRCULAR OR THE APPEAL(S) IS FALLS WITHIN THE AMBIT OF THE EXCEPTIONS PROVIDED UNDER THE SAID CIRCULAR. 3. IN THE RESULT APPEAL OF THE REVENUE IS DISMISSED AS INFRUCTUOUS. C.O.NO.433/DEL/2015 (BY ASSESSEE): 4. SINCE IN THE ABOVE MAIN APPEAL WE HAVE DISMISSED THE APPEAL THEREFORE CROSS OBJECTION OF THE ASSESSEE IS NOT PRESSED BEFORE US AND BECOMES INFRUCTUOUS ACCORDINGLY WE DISMISS THE SAME AS DISMISSED AS NOT PRESSED. 5. IN THE RESULT CROSS APPEAL OF THE ASSESSEE IS DISMISSED AS NOT PRESSED. 6. ORDER PRONOUNCED IN THE OPEN COURT ON 20-11-2019. SD/- SD/- (SUCHITRA KAMBLE) (O.P.MEENA) ( /JUDICIAL MEMBER) ( /ACCOUNTANT MEMBER) / NEW DELHI DATED : 20 TH NOVEMBER 2019/ S.GANGADHARA RAO SR.PS COPY OF ORDER SENT TO- ASSESSEE/AO/PR. CIT/ CIT (A)/ ITAT (DR)/GUARD FILE OF ITAT. BY ORDER / / TRUE COPY / / ASSISTANT REGISTRAR NEW DELHI