ITO, Delhi V. Sh. Sanjeev Vasudeva, New Delhi

ITA 1314/DEL/2013

• Counselvise Citation: [2014] 120 COUNSELVISE.COM (IT) 5498 (ITAT-DELHI)
• Duration Of Justice: 11 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-02-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 13-02-2014
• Assessment Year: 2007-2008
• Appeal Filed On: 06-03-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RENUKA JAIN GUPTA
• Assessee Lawyers: AMTI GOYAL CA O OO
• Keywords: Tax effect

Judgement Text

ITA NO. 1314/DEL/2013 1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH G, NEW DELHI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER AND SHRI C.M. GARG, JUDICIAL MEMBER I.T.A. NO. 1314/DEL/2013 A.Y. : 200 7 - 08 ITO, WARD 46(2), R.NO. 307, 3 RD FLOOR, D-BLOCK, CIVIC CENTRE, DELHI 110 006 VS. SH. SANJEEV VASUDEVA, B-390, NEW FRIENDS COLONY, NEW DELHI 110 025 (PAN: AAAPV0786E) (APPELLANT) (APPELLANT) (APPELLANT) (APPELLANT) (RESPONDENT) (RESPONDENT) (RESPONDENT) (RESPONDENT) DEPARTMENT BY : SMT. RENUKA JAIN GUPTA, SR. D.R. ASSESSEE BY : SH. AMTI GOYAL, CA O OO ORDER RDER RDER RDER PER SHAMIM YAHYA: AM PER SHAMIM YAHYA: AM PER SHAMIM YAHYA: AM PER SHAMIM YAHYA: AM THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST TH E ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS-XXX), N EW DELHI DATED 18.12.2012 PERTAINING TO ASSESSMENT YEAR 2007 -08. 2. AT THE THRESHOLD, LD. COUNSEL OF THE ASSESSEE SU BMITTED THAT TAX EFFECT IN THIS CASE IS LESS THAN RS. 3 LACS FIX ED BY THE CBDT FOR FILING THE APPEAL BEFORE THE ITAT. HENCE, HE SUBMI TTED THAT THIS APPEAL BY THE REVENUE IS NOT MAINTAINABLE AS THE TA X EFFECT IS BELOW THE MONETARY LIMIT OF RS. 3 LACS BEING THE MONETARY LIMIT FIXED BY THE CBDT FOR FILING APPEAL BEFORE THE ITAT. LD. DR COULD NOT CONTROVERT THIS SUBMISSION BY THE LD. COUNSEL OF THE ASSESSEE. IT IS SETTLED LAW THAT CBDT GUIDELINES ARE BINDING UPON T HE REVENUE. UNDER THE CIRCUMSTANCES, IN OUR CONSIDERED OPINION, THIS APPEAL IS LIABLE TO BE DISMISSED ON ACCOUNT OF TAX EFFECT. ITA NO. 1314/DEL/2013 2 3. IN THE RESULT, THE APPEAL FILED BY THE REVENUE STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 13/2/2014, UP ON CONCLUSION OF HEARING. SD/- SD/- [ [[ [C.M. GARG C.M. GARG C.M. GARG C.M. GARG] ]] ] [SHAMIM YAHYA] [SHAMIM YAHYA] [SHAMIM YAHYA] [SHAMIM YAHYA] JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER ACCOUNTANT MEMBER ACCOUNTANT MEMBER ACCOUNTANT MEMBER ACCOUNTANT MEMBER DATE 13/2/2014 SRBHATNAGAR SRBHATNAGAR SRBHATNAGAR SRBHATNAGAR COPY FORWARDED TO: COPY FORWARDED TO: COPY FORWARDED TO: COPY FORWARDED TO: - -- - 1.APPELLANT 2.RESPONDENT 3. CIT 4. CIT (A) 5.DR, IT AT TRUE COPY BY ORDER, ASSISTANT REGISTRAR, ITAT, DELHI BENCHES