M/s. Saptgiri Commodity Pvt. Ltd., New Delhi V. ACIT, New Delhi

CO 4/DEL/2014

• Counselvise Citation: [2015] 123 COUNSELVISE.COM (IT) 0234 (ITAT-DELHI)
• Duration Of Justice: 11 month(s) 25 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 01-01-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 01-01-2015
• Assessment Year: 2006-2007
• Appeal Filed On: 06-01-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: B R R KUMAR
• Assessee Lawyers: J S KOCHAR; US KOCHAR
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL DELHI DELHI DELHI DELHI BENCH BENCH BENCH BENCH G GG G : NEW DELHI : NEW DELHI : NEW DELHI : NEW DELHI BEFORE SHRI I.C. SUDHIR, JUDICIAL MEMBER BEFORE SHRI I.C. SUDHIR, JUDICIAL MEMBER BEFORE SHRI I.C. SUDHIR, JUDICIAL MEMBER BEFORE SHRI I.C. SUDHIR, JUDICIAL MEMBER AND AND AND AND SHRI SHRI SHRI SHRI B.C. MEENA, B.C. MEENA, B.C. MEENA, B.C. MEENA, ACCOUNTANT ACCOUNTANT ACCOUNTANT ACCOUNTANT MEMBER MEMBER MEMBER MEMBER ITA NO ITA NO ITA NO ITA NO . .. . 4372/DEL/2013 4372/DEL/2013 4372/DEL/2013 4372/DEL/2013 ASSESSMENT YEAR ASSESSMENT YEAR ASSESSMENT YEAR ASSESSMENT YEAR : : : : 20 2020 20 06 0606 06 - -- - 07 0707 07 ASSISTANT COMMISSIONER OF ASSISTANT COMMISSIONER OF ASSISTANT COMMISSIONER OF ASSISTANT COMMISSIONER OF INCOME TAX, INCOME TAX, INCOME TAX, INCOME TAX, CIRCLE CIRCLE CIRCLE CIRCLE- -- -7(1), 7(1), 7(1), 7(1), NEW DE NEW DE NEW DE NEW DELHI. LHI. LHI. LHI. VS. VS. VS. VS. M/S SAPTGIRI COMMODITY PVT.LTD., M/S SAPTGIRI COMMODITY PVT.LTD., M/S SAPTGIRI COMMODITY PVT.LTD., M/S SAPTGIRI COMMODITY PVT.LTD., 77, DARYA GANJ, 77, DARYA GANJ, 77, DARYA GANJ, 77, DARYA GANJ, NEW DELHI. NEW DELHI. NEW DELHI. NEW DELHI. PAN : AAICS8092H. PAN : AAICS8092H. PAN : AAICS8092H. PAN : AAICS8092H. (APPELLANT) (RESPONDENT) CROSS OBJECTION NO. CROSS OBJECTION NO. CROSS OBJECTION NO. CROSS OBJECTION NO. 0 00 0 4/DEL/2014 4/DEL/2014 4/DEL/2014 4/DEL/2014 ASSESSMENT YEAR : 2006 ASSESSMENT YEAR : 2006 ASSESSMENT YEAR : 2006 ASSESSMENT YEAR : 2006 - -- - 07 0707 07 M/S SAPTGIRI COMMODITY M/S SAPTGIRI COMMODITY M/S SAPTGIRI COMMODITY M/S SAPTGIRI COMMODITY PVT.LTD., PVT.LTD., PVT.LTD., PVT.LTD., 77, DARYA GANJ, 77, DARYA GANJ, 77, DARYA GANJ, 77, DARYA GANJ, NEW DELHI. NEW DELHI. NEW DELHI. NEW DELHI. PAN : PAN : PAN : PAN : AAICS8092H. AAICS8092H. AAICS8092H. AAICS8092H. VS. VS. VS. VS. ASSISTANT COMMISSIONER OF INCOME ASSISTANT COMMISSIONER OF INCOME ASSISTANT COMMISSIONER OF INCOME ASSISTANT COMMISSIONER OF INCOME TAX, TAX, TAX, TAX, CIRCLE CIRCLE CIRCLE CIRCLE- -- -7(1), 7(1), 7(1), 7(1), NEW DELHI. NEW DELHI. NEW DELHI. NEW DELHI. (APPELLANT) (RESPONDENT) REVENUE BY : SHRI B.R.R. KUMAR, SR.DR. ASSESSEE BY : SHRI J.S. KOCHAR, CA AND SHRI U.S. KOCHAR, ADVOCATE. ORDER ORDER ORDER ORDER PER PER PER PER B.C. MEENA, AM B.C. MEENA, AM B.C. MEENA, AM B.C. MEENA, AM : :: : THE APPEAL BY THE REVENUE EMANATES FROM THE ORDER OF LEARNED CIT(A)-X, NEW DELHI DATED 3 RD MAY, 2013 FOR THE AY 2006-07. 2. AT THE OUTSET, THE LEARNED COUNSEL FOR THE ASSES SEE CONTENDS THAT AS PER CENTRAL BOARD OF DIRECT TAXES, INSTRUCTION N O.3/2011 DATED 09 TH FEBRUARY, 2011, THE REVISED LIMIT FOR PREFERRING RE VENUES APPEALS IS `3 LACS. THAT THE TAX EFFECT IN THE PRESENT REVENUES APPEAL IS BELOW THE PRESCRIBED LIMIT OF `3 LACS. IN VIEW THEREOF, THE R EVENUES APPEAL MAY BE DISMISSED AS THE TAX EFFECT BEING BELOW THE PRES CRIBED LIMIT. ITA-4372/DEL/2013 & C.O. 4/DEL/2014 2 3. THE LEARNED DEPARTMENTAL REPRESENTATIVE AGREES T O THE SAID POSITION. 4. WE HAVE HEARD BOTH SIDES. THE CBDT, VIDE ABOVE I NSTRUCTION HAS CLEARLY LAID DOWN THAT THE REVENUE SHOULD NOT PREFE R APPEALS AGAINST ASSESSEES BEFORE ITAT IF THE TAX EFFECT INVOLVED IN THE APPEAL, EXCLUDING INTEREST, IS LESS THAN `3 LACS. THE TAX P AYABLE IN THE PRESENT APPEAL BEING BELOW `3 LACS, THE REVENUES APPEAL IS DISMISSED AS NOT MAINTAINABLE IN VIEW OF CBDT INSTRUCTION. 5. AS WE HAVE DISMISSED THE REVENUES APPEAL, THE C ROSS-OBJECTION FILED BY THE ASSESSEE HAS BECOME INFRUCTUOUS AND IS ACCORDINGLY DISMISSED. 6. IN THE RESULT, THE APPEAL OF THE REVENUE AND THE CROSS-OBJECTION OF THE ASSESSEE BOTH ARE DISMISSED. DECISION PRONOUNCED IN THE OPEN COURT ON CONCLUSION OF HEARING ON 1 ST JANUARY, 2015. SD/- SD/- ( (( ( I.C. SUDHIR I.C. SUDHIR I.C. SUDHIR I.C. SUDHIR ) )) ) (B.C. MEENA (B.C. MEENA (B.C. MEENA (B.C. MEENA ) )) ) JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER ACCOUNTANT MEMBER ACCOUNTANT MEMBER ACCOUNTANT MEMBER ACCOUNTANT MEMBER DATED : 01.01.2015 VK. COPY FORWARDED TO: - 1. APPELLANT : ASSISTANT COMMISSIONER OF INCOME TAX, ASSISTANT COMMISSIONER OF INCOME TAX, ASSISTANT COMMISSIONER OF INCOME TAX, ASSISTANT COMMISSIONER OF INCOME TAX, CIRCL CIRCL CIRCL CIRCLE EE E- -- -7(1), 7(1), 7(1), 7(1), NEW DELHI. NEW DELHI. NEW DELHI. NEW DELHI. 2. RESPONDENT : M/S SAPTGIRI COMMODITY PVT.LTD., M/S SAPTGIRI COMMODITY PVT.LTD., M/S SAPTGIRI COMMODITY PVT.LTD., M/S SAPTGIRI COMMODITY PVT.LTD., 77, DARYA GANJ, 77, DARYA GANJ, 77, DARYA GANJ, 77, DARYA GANJ, NEW DELHI. NEW DELHI. NEW DELHI. NEW DELHI. 3. CIT 4. CIT(A) 5. DR, ITAT ASSISTANT REGISTRAR