Smt. Sarvesh Agarwal, Uttar Pradesh V. ITO, Najibabad

CO 241/DEL/2010

• Counselvise Citation: [2015] 123 COUNSELVISE.COM (IT) 0529 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 9 month(s) 6 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 22-05-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 21-05-2015
• Assessment Year: 2002-2003
• Appeal Filed On: 16-08-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: B R R KUMAR
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH G NEW DELHI BEFORE SHRI S.V. MEHROTRA : ACCOUNTANT MEMBER AND SHRI A.T. VARKEY.: JUDICIAL MEMBER ITA NO. 2978/DEL/2010 ASSTT. YR: 2002-03 INCOME-TAX OFFICER-2, VS. SMT. SARVESH AGARWAL, NAJIBABAD. W/O SHRI SANTOSH AGARWAL, STATION ROAD, NAGINA DISTT. BIJNOR (UP) PAN: AEDPA 5693 E AND C.O. NO. 241/DEL/2010 ( IN ITA NO. 2978/DEL/2010 ) ASSTT. YR: 2002-03 SMT. SARVESH AGARWAL, VS. INCOME-TAX OFFICER-2, W/O SHRI SANTOSH AGARWAL, NAJIBABAD. STATION ROAD, NAGINA DISTT. BIJNOR (UP) ( APPELLANT ) (RESPONDENT) REVENUE BY : SHRI B.R.R. KUMAR SR. DR ASSESSEE BY SHRI ANIL SHARMA ADV. DATE OF HEARING: 21/05/2015. DATE OF ORDER : 22/05/2015. O R D E R PER S.V. MEHROTRA, A.M.. : THE APPEAL BY THE REVENUE AND THE CROSS-OBJECTION BY THE ASSESSEE HAVE BEEN PREFERRED AGAINST THE ORDER OF CIT(A) RELATING TO A .Y. 2002-03. 2. THE LEARNED COUNSEL FOR THE ASSESSEE AT THE VERY OUTSET CONTENDED THAT THE TAX EFFECT INVOLVED IN THE PRESENT APPEALS IS BELOW RS. 4 LAC S AND, THEREFORE, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE IN VIEW OF RECENT CBDT INSTRUCT ION, WHICH IS BINDING ON THE DEPARTMENTS. 3. ON THE OTHER HAND, THE LEARNED DR CONTENDED THA T THE APPEAL SHOULD NOT BE DISMISSED ON ACCOUNT OF TAX EFFECT ONLY. 2 4. WE HAVE HEARD RIVAL SUBMISSIONS OF THE PARTIES A ND PERUSED THE ENTIRE MATERIAL ON RECORD. AS PER RECENT CBDT INSTRUCTION NO. 5/2014 DATED 10 -7-2014, THE MONETARY LIMIT FOR FILING APPEAL BY THE DEPARTMENT BEFORE THE ITAT HAS BEEN R EVISED TO RS. 4 LACS. THUS, THE DEPARTMENTAL APPEALS, INVOLVING TAX EFFECT BELOW RS. 4 LACS, A RE NOT MAINTAINABLE BEFORE THE ITAT. 4.1. THE HONBLE JURISDICTIONAL DELHI HIGH COURT IN THE CASE OF CIT VS. DELHI RACE CLUB LTD. IN ITA NO. 128/2008, ORDER DATED 03.03.2011, BY FOL LOWING THE EARLIER ORDER DATED 02.08.2010 IN ITA NO. 179/1991 IN THE CASE OF CIT DELHI-III VS. M /S P.S. JAIN & CO., HAS HELD THAT SUCH INSTRUCTION/ CIRCULAR WOULD ALSO BE APPLICABLE TO P ENDING CASES. 4.2. ADMITTEDLY THE TAX EFFECT INVOLVED IN THE PRES ENT APPEALS IS BELOW RS. 4 LAKHS. THEREFORE, IN VIEW OF THE REVISED INSTRUCTION OF THE CBDT, REF ERRED TO ABOVE, AND THE HONBLE JURISDICTIONAL HIGH COURTS DECISION IN THE CASE OF DELHI RACE CLUB LTD., SUPRA, THE DEPARTMENTAL APPEAL ARE NOT MAINTAINABLE. 4.3. SINCE THE DEPARTMENTAL APPEAL, ON ACCOUNT OF T AX EFFECT, IS NOT MAINTAINABLE, THE CROSS- OBJECTION, FILED BY THE ASSESSEE, HAS BECOME INFRUC TUOUS AND IS DISMISSED ACCORDINGLY. 5. IN THE RESULT, DEPARTMENTAL APPEAL AND ASSESSEE S CROSS-OBJECTIONS ARE DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON 22/05/2015.. SD/- SD/- (A.T. VARKEY. ) (S.V. MEHROTRA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 22/05/2015. *MP* COPY OF ORDER TO: 1. ASSESSEE 2. AO 3. CIT 4. CIT(A) 5. DR, ITAT, NEW DELHI.