M/s. Bali Builders Pvt. Ltd., New Delhi V. ITO, New Delhi

CO 144/DEL/2014

• Counselvise Citation: [2015] 123 COUNSELVISE.COM (IT) 1194 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 3 month(s) 9 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 28-08-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 27-08-2015
• Assessment Year: 2005-2006
• Appeal Filed On: 19-05-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: A K KHURANA
• Assessee Lawyers: J P CHANDRAKAR
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH A, NEW DELHI BEFORE SHRI L.P. SAHU, ACCOUNTANT MEMBE R AND SHRI C.M. GARG, JUDICIAL MEMBE R ITA NO. 5639/DEL/2012 ASSTT. YEAR: 2005-06 INCOME TAX OFFICER, VS M/S BALI BUILDERS PVT. LTD., WARD 2(3), ROOM NO. 389A, 5- GREEN AVENUE, C.R. BUILDING, NEW DELHI. I.P. ESTATE, NEW DELHI. C.O. NO. 144/DEL/2014 (IN ITA NO. 5639/DEL/2012) ASSTT. YEAR: 2005-06 M/S BALI BUILDERS PVT. LTD., VS INCOME TAX OFFICER, NEW DELHI. NEW DELHI. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI J.P.CHANDRAKAR, SR . D.R. RESPONDENT BY : SHRI A.K. KHURANA, CA ORDER PER CHANDRAMOHAN GARG, MEMBER THIS APPEAL IS FILED BY THE REVENUE AGAINST THE ORDER DATED 03.09.2012 OF LD.CIT(A)-XXXI, NEW DELHI PERTAINING TO THE A SSESSMENT YEAR 2005-06. 2. WE HAVE HEARD ARGUMENTS OF BOTH THE SIDES AND CA REFULLY PERUSED THE RELEVANT MATERIAL PLACED ON RECORD. LD. COUNSEL OF THE ASSESSEE PLACED CALCULATION OF TAX EFFECT AND SUBMITTED THAT TOTAL TAX EFFECT IN THIS CASE IS LESS THAN RS. 4 LAKH AND IN VIEW OF THE RECENT INSTRUCTI ON NO.5/2014 ISSUED BY CBDT ITA 5639/D/12 & CO 144 AY: 2005-06 2 ON 10.7.2014 REVISING THE LIMITATION FOR FILING OF APPEAL BEFORE ITAT FIXING THE TAX EFFECT LIMIT AT RS. 4 LAKH, THE APPEAL OF THE R EVENUE IS NOT MAINTAINABLE AND LIABLE TO BE DISMISSED IN LIMINE. ON SPECIFIC QUE RY FROM THE BENCH, LD. DR FAIRLY ACCEPTED THAT TOTAL TAX EFFECT IN THIS APPEA L IS LESS THAN RS. 4 LAKH. 3. LD. COUNSEL OF THE ASSESSEE PLACING RELIANCE ON THE RECENT DECISION OF CIT VS M/S P.S. JAIN AND CO. DATED 2.8.2010 IN ITR 179/ 1991 SUBMITTED THAT THE RECENT BOARD INSTRUCTION REVISING THE MONETARY LIMI T TO RS. 4 LAKH FOR FILING THE APPEAL BEFORE THE ITAT ON INCOME TAX MATTERS IS VER Y MUCH APPLICABLE TO THE OLD REFERENCES WHICH ARE STILL PENDING UNDECIDED BE FORE THE TRIBUNAL. LD. DR FAIRLY ACCEPTED THAT THE BOARD INSTRUCTION NO. 5/20 14 ISSUED BY CBDT ON 10.7.2014 IS APPLICABLE TO THE PRESENT CASE. 4. IN VIEW OF ABOVE NOTED SUBMISSIONS OF BOTH THE S IDES, WE ARE INCLINED TO HOLD THAT THERE IS NO JUSTIFICATION TO PROCEED WITH THE CASES HAVING TAX EFFECT OF LESS THAN RS. 4 LAKH. IN VIEW OF ABOVE, RESPECTFUL LY FOLLOWING THE DECISION OF HONBLE JURISDICTIONAL HIGH COURT OF DELHI IN THE C ASE OF CIT VS M/S P.S. JAIN & CO. (SUPRA), WE HOLD THAT THIS BEING A LOW TAX EF FECT CASE, THE APPEAL OF THE REVENUE DESERVES TO BE DISMISSED AND WE DISMISS THE SAME IN LIMINE WITHOUT GOING INTO MERITS. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ITA 5639/D/12 & CO 144 AY: 2005-06 3 C.O. NO. 144/DEL/2014 6. SINCE THE APPEAL OF THE REVENUE HAS BEEN DISMISS ED BY THE EARLIER PART OF OUR ORDER, THE CROSS OBJECTIONS FILED BY THE ASSESS EE HAVE BECOME INFRUCTUOUS AND ARE HEREBY DISMISSED. IN THE RESULT, THE APPEAL OF THE REVENUE AND CO OF THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 28/08/2015. SD/- SD/- ( L.P. SAHU ) (CHANDRAMOHAN GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER DT. 28TH AUGUST 2015 GS COPY FORWARDED TO:- 1. APPELLANT 2. RESPONDENT 3. CIT(A) 4. CIT 5. DR BY ORDER ASSTT. REGISTRAR