DCIT, New Delhi v. M/s Ganpati Fincap Pvt Ltd., New Delhi

ITA 5843/DEL/2015 | 2011-2012
Pronouncement Date: 21-10-2016 | Result: Dismissed

Appeal Details

RSA Number 584320114 RSA 2015
Assessee PAN AAACG3466H
Bench Delhi
Appeal Number ITA 5843/DEL/2015
Duration Of Justice 11 month(s) 25 day(s)
Appellant DCIT, New Delhi
Respondent M/s Ganpati Fincap Pvt Ltd., New Delhi
Appeal Type Income Tax Appeal
Pronouncement Date 21-10-2016
Appeal Filed By Department
Order Result Dismissed
Bench Allotted H
Tribunal Order Date 21-10-2016
Assessment Year 2011-2012
Appeal Filed On 27-10-2015
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: A NEW DELHI BEFORE SMT DIVA SINGH JUDICIAL MEMBER AND SH.PRASHANT MAHARISHI ACCOUNTANT MEMBER I.T.A .NO.-584 3/DEL/2015 (ASSESSMENT YEAR- 2011-12) DCIT CC-18 ROOM NO.102 ARA CENTRE E-2 JHANDEWALAN EXTN. NEW DELHI. (APPELLANT) VS GANPATI FINCAP PVT.LTD. 2-D MIG DDA FLATS GULABI BAGH NEW DELHI. PAN-AAACG3466H (RESPONDENT) APPELLANT BY SH.S.K.JAIN DR RESPONDENT BY SH TARUN KUMAR ADV. & SH. ABHISHEK ANAND ADV. ORDER PER DIVA SINGH JM THE PRESENT APPEAL HAS BEEN FILED BY THE REVENUE AS SAILING THE CORRECTNESS OF THE ORDER DATED 26.08.2015 OF CIT(A)-27 NEW DEL HI PERTAINING TO 2011-12 ASSESSMENT YEAR. 2. IT WAS A COMMON STAND OF THE PARTIES BEFORE THE BENCH THAT THE TAX EFFECT IN THE PRESENT APPEAL IS WELL BELOW RS.10 LAKH. WE HA VE CONSIDERED THE MATERIAL AVAILABLE ON RECORD. WE FIND THAT THE APPEAL HAS BE EN PREFERRED BY THE REVENUE IN VIOLATION OF CIRCULAR NO.21/2015 DATED 10TH DECEMBE R 2015 OF CBDT. BY THE AFORESAID CIRCULAR THE PECUNIARY LIMIT FOR FILING T HE APPEAL BEFORE THE ITAT HAS BEEN PRESCRIBED BEYOND RS.10 LAKH. PARA 3 OF THE AFORES AID CIRCULAR HAS BEEN MADE APPLICABLE VIDE PARA 10 RETROSPECTIVELY. CONSIDERI NG THE SETTLED LEGAL PRECEDENT THAT THE BOARDS INSTRUCTIONS OR DIRECTIONS ISSUED TO THE INCOME TAX AUTHORITIES U/S 268A OF THE INCOME TAX ACT 1961 ARE BINDING ON THE AUTHORITIES WE HOLD THAT THE APPEAL IS NON-MAINTAINABLE. DATE OF HEARING 07.09.2016 DATE OF PRONOUNCEMENT 21.10.2016 I.T.A .NO.-5843/DEL/2015 PAGE 2 OF 2 3. IN VIEW OF THE ABOVE DISCUSSION THE PRESENT APP EAL PREFERRED BY THE REVENUE IN VIOLATION OF CBDT CIRCULAR NO.21/2015 (CITED SUP RA) IS NOT MAINTAINABLE AND HENCE THE SAME IS DISMISSED AS SUCH MAKING IT CLEA R THAT SINCE THE PRESENT APPEAL HAS NOT BEEN DISPOSED OF ON MERITS BUT DUE TO THE ABOVE REASON THIS ORDER WILL NOT HAVE ANY JUDICIAL PRECEDENCE. ACCORDINGLY THE APPEAL OF THE REVENUE IS DISMISSED AS NON-MAINTAINABLE. 4. IN THE RESULT THE APPEAL OF THE REVENUE IS DISM ISSED. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 21 ST OCTOBER 2016. SD/- SD/- (PRASHAN MAHARISHI) (DIVA SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER *AMIT KUMAR* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSI STANT REGISTRAR ITAT NEW DELHI