ACIT, Circle- 5(1), New Delhi v. Blue Coast Hotels Ltd., New Delhi

ITA 604/DEL/2018 | 2014-2015
Pronouncement Date: 02-03-2021 | Result: Dismissed

Appeal Details

RSA Number 60420114 RSA 2018
Assessee PAN AAACM0037G
Bench Delhi
Appeal Number ITA 604/DEL/2018
Duration Of Justice 3 year(s) 1 month(s) 5 day(s)
Appellant ACIT, Circle- 5(1), New Delhi
Respondent Blue Coast Hotels Ltd., New Delhi
Appeal Type Income Tax Appeal
Pronouncement Date 02-03-2021
Appeal Filed By Department
Order Result Dismissed
Bench Allotted A
Tribunal Order Date 02-03-2021
Assessment Year 2014-2015
Appeal Filed On 25-01-2018
Judgment Text
INCOME TAX APPELLATE TRIBUNAL DELHI BENCH A : NEW DELHI (THROUGH VIDEO CONFERENCING) BEFORE SHRI R.K. PANDA ACCOUNTANT MEMBER AND SHRI KULDIP SINGH JUDICIAL MEMBER ITA NOS. 602 603 604/DEL/2018 ASSTT. YEARS 2012-13 2013-14 2014-15 ACIT CIRCLE -5(1) NEW DELHI. VS. BLUE COAST HOTELS LTD. 415-417 ANTRIKSH BHAWAN CONNAUGHT PLACE NEW DELHI 110 001 PAN AAACM0037G (APPELLANT) (RESPONDENT) O R D E R PER R.K. PANDA AM THE ABOVE THREE APPEALS FILED BY THE REVENUE ARE DIRECTED AGAINST THE SEPARATE ORDERS DATED 23 RD OCTOBER 2017 OF THE LD. CIT (A) -2 NEW DELHI RELATING TO ASSESSMENT YEARS 2012-13 DEPARTMENT BY: SHRI SHIV SWAROOP SINGH SR. DR ASSESSEE BY : NO NE DATE OF HEARING 02 /03/2021 DATE OF PRONOUNCEMENT 02 / 03 /202 1 2 2013-14 AND 2014-15 RESPECTIVELY. FOR THE SAKE OF CONVENIENCE ALL THESE APPEALS WERE HEARD TOGETHER AND ARE BEING DISPOSED OF BY THIS COMMON ORDER. 2. LD. COUNSEL FOR THE ASSESSEE AT THE OUTSET SUBMITTED THAT THE TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE IN EACH OF THE APPEAL IS BELOW RS. 50 LAKHS. THEREFORE IN VIEW OF THE CBDT CIRCULAR NO. 17/2019 DATED 8 TH AUGUST 2019 THE APPEALS FILED BY THE REVENUE ARE NOT MAINTAINABLE AND THEREFORE THE APPEALS ARE LIABLE TO BE DISMISSED. 3. LD. DR FAIRLY CONCEDED THAT THE TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE IS ADMITTEDLY BELOW RS. 50 LAKHS IN EACH APPEAL. 4. AFTER HEARING BOTH THE SIDES WE FIND THE TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE IN ALL THE ABOVE THREE APPEALS IS ADMITTEDLY BELOW RS. 50 LAKHS. CBDT VIDE CIRCULAR NO. 17/2019 DATED 8 TH AUGUST 2019 HAS INCREASED THE MONETARY LIMIT FOR FILING OF APPEALS BY THE REVENUE TO RS. 50 LAKHS. IT HAS SUBSEQUENTLY BEEN CLARIFIED BY THE CBDT THAT THE SAID CIRCULAR IS APPLICABLE EVEN TO PENDING APPEALS. IN VIEW OF THE ABOVE THE 3 APPEALS FILED BY THE REVENUE ARE NOT MAINTAINABLE AND ARE ACCORDINGLY DISMISSED. IN THE RESULT ALL THE THREE APPEALS FILED BY THE REVENUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AT TIME OF HEARING ITSELF I.E. ON 2 ND MARCH 2021. SD/- SD/- (KULDIP SINGH) (R.K. PANDA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 02 /03/2021 VEENA COPY FORWARDED TO 1. APPLICANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR ITAT NEW DELHI