M/s. Pioneer Fabricators (P) Ltd, Meerut V. ACIT, Meerut

CO 39/DEL/2009

• Counselvise Citation: [2010] 122 COUNSELVISE.COM (IT) 4922 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 2 month(s) 9 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 01-06-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: F
• Next Hearing Date: 01-06-2010
• Assessment Year: 2004-2005
• Appeal Filed On: 23-03-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: ANUSHA KHURANA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : F NEW DELHI BEFORE SHRI RAJPAL YADAV, JUDICIAL MEMBER AND SHRI A.K. GARODIA, ACCOUNTANT MEMBER I.T.A NO. 539/DEL/09 ASSTT. YEAR 2004-05 ACIT, CIRCLE-2, MEERUT VS. PIONEER FABRICATORS PVT. LTD. B-2, SARASWATI INDUSTRIAL ESTATE, PARTAPUR MEERUT (APPELLANT) (RESPONDENT) CO NO. 39/DEL/2009 (IN ITA NO. 539/DEL/09) PIONEER FABRICATORS (P) LTD. VS. ACIT B-2, SARWASTI INDUSTRIAL ESTATE CIRCLE-2, PARTAPUR AAYAKAR BHAWAN, BHAINSALI GROUNDS MEERUT MEERUT APPELLANT BY: MISS ANUSHA KHURANA, SR. DR RESPONDENT BY: SHRI NEERAJ JAIN, ADVOCATE ORDER PER RAJPAL YADAV, JM: THE REVENUE IS IN APPEAL BEFORE US AGAINST THE ORD ER OF LD. CIT(A) DATED 1 ST DECEMBER, 2008 PASSED FOR ASSTT. YEAR 2004-05. ON RECEIPT OF NOTICE IN THE REVENUES APPEAL ASSESSEE HAS FILED C ROSS OBJECTION BEARING NO. 39/DEL/2009. LD. COUNSEL FOR THE ASSESS EE AT THE VERY 2 OUTSET SUBMITTED THAT TAX EFFECT IN THE REVENUES A PPEAL IS RS. 1,65,681/-. REFERRING TO INSTRUCTION NO. 5 DATED 15 TH MAY, 2008 ISSUED BY CBDT. HE POINTED OUT THAT REVENUE CAN CHALLENGE THE ORDER OF THE LD. CIT(A) IN THE TRIBUNAL IF THE AMOUNT OF TAX GOING TO BE REDUCED B Y VIRTUE OF CITS ORDER IS LESS THAN RS. 2 LACS. THE INSTRUCTION HAS PROVID ED CERTAIN EXCEPTION IN CLAUSE NO. 8 AND THIS CASE DOES NOT COME WITH THOSE EXCEPTIONS. HE FURTHER RELIED UPON THE ORDER OF HONBLE HIGH COURT IN ITA NO. 121 OF 1999 IN THE CASE OF CIT MEERUT VS. RAJENDRA PRASAD SHARMA AND POINTED OUT THAT HONBLE COURT HAS DISMISSED TH E APPEAL OF REVENUE BY HOLDING THAT TAX EFFECT WAS OF ONLY RS. 53312/- WHICH IS LESS THAN THE MONETARY LIMIT OF RS. 5 LACS PROVIDED IN THE CIRCUL AR FOR CARRYING THE APPEAL BEFORE THE HIGH COURT AGAINST THE ORDER OF T HE TRIBUNAL. LD. DR WAS UNABLE TO CONTROVERT THE CONTENTION OF LD. COUN SEL FOR THE ASSESSEE. 2. ON DUE CONSIDERATION OF THE FACTS AND CIRCUMSTAN CES WE FIND THAT ASSESSEE HAS PLACED ON RECORD THE COMPUTATION OF TA X EFFECT BY VIRTUE OF THE LD. CIT(A)S ORDER AT PAGE 52 OF THE PAPER BOOK . THE TAX EFFECT COMPUTED BY THE ASSESSEE BY VIRTUE OF THIS LD. CIT (A) S ORDER IS RS. 165681/-. IT IS BELOW THE MONETARY LIMIT FOR CHALLE NGING THE ORDER OF THE LD. CIT(A) BEFORE THE TRIBUNAL. THEREFORE THE APPEA L OF THE REVENUE IS NOT MAINTAINABLE. SINCE THE APPEAL OF THE REVENUE I S NOT MAINTAINABLE AND DISMISSED IN LIMINEE CONSEQUENTLY THE CROSS OBJ ECTION WAS NOT PRESSED BY THE LD. COUNSEL FOR THE ASSESSEE. 3 3. IN THE RESULT APPEAL AS WELL AS CROSS OBJECTION ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 1.6.2010. SD/- [A.K. GARODIA] [RAJPAL YADAV] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 1.6.2010 VEENA COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR, ITAT TRUE COPY BY ORDER, DEPUTY REGISTRAR, ITAT