ITO, Meerut V. Sh. Gyan Chand Goel, Meerut

ITA 1162/DEL/2010

• Counselvise Citation: 116220114 RSA 2010
• Duration Of Justice: 1 year(s) 8 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-12-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 13-12-2011
• Assessment Year: 1999-2000
• Appeal Filed On: 16-03-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SALIL MISHRA
• Keywords: Tax effect

Judgement Text

ITA NO.1162/DEL/2010 1 IN THE INCOME TAX APPELLAT E TRIBUNAL DELHI BENCH C NEW DELHI BEFORE SHRI G.D. AGRAWAL, VICE PRESIDENT AND SHRI C.L. SETHI, JUDICIAL MEMBER ITA NO.1162/DEL/2010 ASSTT. YEAR: 1999-2000 INCOME TAX OFFICER, VS SHRI GYAN CHAND GOEL, WARD-I(2), MEERUT. A-128, TRANSPORT NAGAR, MEERUT. (APPELLANT) (RESPONDEN T) APPELLANT BY: SHRI SALIL MISHRA, SR. DR RESPONDENT BY: SHRI K. SAMPATH O R D E R PER G.D. AGRAWAL, V.P. THIS APPEAL OF THE REVENUE FOR ASSESSMENT YEAR 19 99-2000 HAS BEEN PREFERRED BY THE REVENUE AGAINST THE ORDER OF CIT(A ), MEERUT DATED 4.1.2010. THE ONLY DISPUTE IN THIS APPEAL IS AGAINST DELETION OF ADDITION OF RS.8,75,000/-, THE TAX EFFECT ON WHICH WORKS OUT TO RS.2,36,500/-. 2. THE LEARNED COUNSEL FOR THE ASSESSEE AT THE OUT SET CONTENDS THAT AS PER CENTRAL BOARD OF DIRECT TAXES, INSTRUCTION NO.3/201 1 DATED 09 TH FEBRUARY, 2011, THE REVISED LIMIT FOR PREFERRING REVENUES AP PEALS HAS BEEN INCREASED FROM RS.2 LACS TO RS. 3 LACS, ALTHOUGH THE TAX EFFE CT IN THE PRESENT REVENUES APPEAL WORKS OUT TO RS.2,36,500/- WHICH IS BELOW TH E PRESCRIBED LIMIT OF ITA NO.1162/DEL/2010 2 RS. 3 LACS. IN VIEW THEREOF, THE REVENUES APPEAL MAY BE DISMISSED AS THE TAX EFFECT BEING BELOW THE PRESCRIBED LIMIT. 3. THE LEARNED DEPARTMENTAL REPRESENTATIVE AGREES T O THE TAX CALCULATION AND THE UPWARD REVISION OF TAX EFFECT APPEALABLE UN DER REVENUES APPEAL TO RS. 3 LACS. 4. WE HAVE HEARD BOTH SIDES. THE CBDT, VIDE ABOVE INSTRUCTION HAS CLEARLY LAID DOWN THAT THE REVENUE SHOULD NOT PREFE R APPEALS AGAINST ASSESSES BEFORE ITAT IF THE TAX EFFECT INVOLVED IN THE APPEA L, EXCLUDING INTEREST, IS LESS THAN RS. 3 LACS. THE TAX PAYABLE IN THE PRESE NT APPEAL BEING BELOW RS. 3 LACS, THE REVENUES APPEAL IS DISMISSED AS NOT MAIN TAINABLE IN VIEW OF CBDT INSTRUCTION. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 13 TH DECEMBER, 2011. SD/- SD/- ( C.L. SETHI ) ( G.D. AGRAWAL ) JUDICIAL MEMBER VICE PRESIDENT DT. 13TH DECEMBER, 2011 GS ITA NO.1162/DEL/2010 3 COPY FORWARDED TO: 1. ITO, WARD 1(2), MEERUT. 2. GYAN CHAND GOEL, MEERUT. 3. CIT(A), MEERUT. 4. CIT 4. DR BY ORDER DY. REGISTRAR