DCIT, New Delhi V. Sh. Ram Avtar Verma, New Delhi

ITA 1088/DEL/2010

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 91207 (ITAT-DELHI)
• Duration Of Justice: 5 year(s) 3 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-06-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: H
• Next Hearing Date: 24-06-2015
• Assessment Year: 2002-2003
• Appeal Filed On: 11-03-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: J P CHANDRAKAR
• Assessee Lawyers: RAKESH GUPTA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH H NEW DELHI) BEFORE SHRI I.C. SUDHIR AND SHRI INTURI RAMA RAO ITA NO.1088/DEL/2010 ASSESSMENT YEAR S: 2002-03 ITA NO. 1089/DEL/2010 ASSESSMENT YEAR : 2003- 04 ITA NO. 1090/DEL/2010 ASSESSMENT YEAR : 2004-0 5 ITA NO. 1091/DEL/2010 ASSESSMENT YEAR : 2005-0 6 DEPUTY CIT, VS. RAM AVTAR VERMA, CENTRAL CIRCLE-23, A.K. 77, SHALIMAR BAGH, NEW DELHI. NEW DELHI. (PAN: AAGPV8051N) (APPELLANT) (RESPONDENT) CROSS OBJECTION NOS. 117 TO 120/DEL/2010 ( IN ITA NOS. 1088 TO 1091/DEL/2010) ASST. YRS. 2002-03 TO 2005-06 RAM AVTAR VERMA, VS. DEPUTY CIT, A.K. 77, SHALIMAR BAGH, CENTRAL CIRCLE-23, NEW DELHI. NEW DELHI. (PAN: AAGPV8051N) (CROSS OBJECTOR) (RESPONDENT) ITA NO.1124/DEL/2010 ASSESSMENT YEARS: 2002-03 ITA NO. 1125/DEL/2010 ASSESSMENT YEAR : 2003-04 DEPUTY CIT, VS. VIKAS CHAIN & JEWELLERY CENTRAL CIRCLE-23, (P) LTD., 1166/106 KUCHA NEW DELHI. MAJANI, CHANDNI CHOWK, DELHI. (PAN: AACV0778M) (APPELLANT) (RESPONDENT) DEPARTMENT BY: SHRI J.P. C HANDRAKAR, SR. DR ASSESSEE BY: SHRI RAKE SH GUPTA, FCA & SH. TARUN KUMAR, ADV. 2 DATE OF HEARING : 24 .06.2015 DATE OF PRONOUNCEMENT: 24 :06.2015 ORDER PER BENCH: THE LEARNED SR.DR SOUGHT ADJOURNMENT IN THE GROUP CASES ON THE BASIS THAT THE CONCERNED CIT(DR) WHO HAD TO ARGUE THESE M ATTERS HAS BEEN TRANSFERRED. HE ALSO SUBMITTED THAT THESE MATTERS A RE ARISING OUT OF THE COMMON SEARCH OPERATIONS, HENCE, THESE ARE TO BE HE ARD TOGETHER. 2. THE LEARNED AR ON THE OTHER HAND POINTED OUT THA T ABOVE APPEALS PREFERRED BY THE REVENUE OUT OF THE APPEALS FIXED A RE HAVING TAX EFFECT BELOW RS. 4 LACS, HENCE, THESE ARE NOT MAINTAINABLE IN VIEW OF THE RECENT INSTRUCTION NO. 5/2014 ISSUED BY THE CBDT ON 10.7.2 014. THE LEARNED AR SUBMITTED THAT THE ABOVE INSTRUCTIONS IS EQUALLY AP PLICABLE IN THE PENDING APPEALS AS PER THE DECISIONS OF HON'BLE HIGH COURTS IN THE CASES OF CIT VS. M/S. P.S. JAIN & CO. IN ITA NO.179/1991 DATED 02.08 .2010 (HON'BLE DELHI HIGH COURT) AND CIT VS. SURESHCHANDRA DURGAPRASAD K HATOD (HUF) (2012) 253 CTR 492 (GUJ.). THE LEARNED AR SUBMITTED FURT HER THAT HE DOES NOT WISH TO PRESS THE ABOVE CROSS OBJECTIONS FILED CORR ESPONDING TO THE ABOVE APPEALS. 3. ON PERUSAL OF THE GROUNDS OF ABOVE APPEALS PREFE RRED BY THE REVENUE, WE FIND THAT THE TAX EFFECT OF EACH OF THE APPEAL I S BELOW RS. 4 LACS. IN VIEW 3 OF THE ABOVE CBDT INSTRUCTION (SUPRA) WHICH HAS GOT STATUTORY FORCE UNDER SEC. 268-A OF THE INCOME-TAX ACT, 1961 AND THE ABOV E CITED DECISIONS, WE ARE OF THE OPINION THAT THE PRESENT APPEALS FILED I N VIOLATION OF THE ABOVE CBDT INSTRUCTIONS ARE NOT MAINTAINABLE. THUS, THESE APPEALS ARE DISMISSED AS SUCH MAKING IT CLEAR THAT DISMISSAL OF THESE APP EALS IS STRICTLY ON THE BASIS OF PECUNIARY LIMITATION AND THUS WILL NOT AFFECT DI SPOSAL OF THE OTHER CONNECTED APPEALS FOR THE OTHER ASSESSMENT YEARS ON THEIR OWN MERITS. 4. THE CORRESPONDING CROSS OBJECTIONS ARE DISMISSED AS NOT PRESSED. 5. IN SUMMARY, THE APPEALS AND CROSS OBJECTIONS ARE DISMISSED ACCORDINGLY. ORDER PRONOUNCED IN THE OPEN COURT ON 24 .06.2015 SD/- SD/- ( INTURI RAMA RAO ) ( I.C. SUDHIR ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 24 /06/2015 MOHAN LAL COPY FORWARDED TO: 1) APPELLANT 2) RESPONDENT 3) CIT 4) CIT(APPEALS) 5) DR:ITAT ASSISTANT REGISTRAR 4 DATE DRAFT DICTATED ON COMPUTER 24.06.2015 DRAFT PLACED BEFORE AUTHOR 24.06.2015 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. 24.06.20 15 APPROVED DRAFT COMES TO THE SR.PS/PS 31.06.2015 KEPT FOR PRONOUNCEMENT ON 24.06.2015 FILE SENT TO THE BENCH CLERK 31.06.2015 DATE ON WHICH FILE GOES TO THE AR DATE ON WHICH FILE GOES TO THE HEAD CLERK. DATE OF DISPATCH OF ORDER.