Acit Central Circle 4 New Delhi v. Vikas Kapoor Delhi

In The Income Tax Appellate Tribunal Delhi Benches Smc New Delhi Before Shri R S Syal Vice President Ita Nos 5598 5599 Del 2017 Assessment Years 2009 10 2010 11 Acit Central Circle 4 New Delhi Vs Vikas Kapoor Flat No 1 Pocket A 1 Sector 07 Rohini New Delhi 110 085 Pan Ahrpk 4150 F Assessee By Shri V K Sabharwal Shri Sudhir Mathur Advocates Deptt By None Date Of Hearing 18 12 2017 Date Of Pronouncement 18 12 2017 Order These Appeals By The Revenue Arise Out Of A Common Order Passed By The Cit A On 04 07 2017 In Relatio N To The Assessment Years 2009 10 2010 11 Ita Nos 5598 5599 Del 2017 2 2 No One Was Present On Behalf Of The Revenue In Fact The Revenue Has Filed En Bloc Adjournment Applications For All The Cases Listed Today Ex Consequenti There Is No One In The Court Room To Represent The Revenue The Ld Ar Seriousl Y Objected To The Grant Of Adjournment In His Case As Such I Am Not Inclined To Accept The Adjournment Application File D For The Revenue And Proceeding To Dispose Of The Appeals On Merits Ex Parte Qua The Revenue 3 During The Course Of Hearing The Ld Ar Sub Mitted That Pursuant To The Mandate Of Section 268 A The Cbdt H As Issued Circular No 21 Of 2015 Dated 10 12 2015 With Retro Spective Effect Revising The Monetary Limit To Rs 10 00 000 For Not Filing Appeals Before The Tribunal He Further Sub Mitted That As The Tax Effect Involved In The Instant Appeals I S Rs 9 26 876 For The Assessment Year 2009 10 And Rs 2 49 244 For The Assessment Year 2010 11 Th E Extant Appeals Are Not Maintainable Ita Nos 5598 5599 Del 2017 3 4 I Have Heard The Ld Ar And Perused The Relevant Material On Record Going By The Prescription Of The Aforeno Ted Circular I Am Of The View That The Revenue Should Have Either Not Filed The Instant Appeals Before The Tribunal O R Withdrawn The Same As The Tax Effect In These Appeals Is Less Than The Prescribed Limit For Not Filing The Appeals From Para 10 Of The Above Circular It Is Palpable That The Instruction Is Applicable To The Pending Appeals Also With Retrospective Effe Ct And There Is A Clear Cut Direction To The Department To Withd Raw Or Not Press Such Appeals Filed Before The Itat Wherein Ta X Effect Is Less Than Rs 10 00 000 5 Recently The Honble Supreme Court In Dit Vs S R M B Dairy Farming Pvt Ltd Vide Its Decision Rendered On 23 11 2017 Has Held That The Circulars Of The Cbdt Requiring Dismissal Of Appeals Having No Tax Effect Being Be Neficial In Nature To The Assessee Have Retrospective Effect A Nd Have To Be Ita Nos 5598 5599 Del 2017 4 Followed This Judgment Has Been Delivered After Co Nsidering The Judgment In The Case Of Gemini Distillers 2017 398 Itr 343 Sc Ex Conseqeunti I Dismiss The Instant Appeals Without Going Into The Merits Of The Case 6 In The Result The Appeals Of The Revenue Stand Dismissed Order Pronounced In The Open Court On 18 12 2017 Sd R S Syal Vice President Dated 18 Th December 2017 Dk Copy Forwarded To 1 Appellant 2 Respondent 3 Cit 4 Cit A 5 Dr Itat Ar Itat New Delhi