ACIT, New Delhi V. M/s. Goldwyn Ltd., New Delhi

ITA 1745/DEL/2011

• Counselvise Citation: [2011] 134 COUNSELVISE.COM (IT) 3822 (ITAT-DELHI)
• Duration Of Justice: 1 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-06-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 09-06-2011
• Assessment Year: 2006-2007
• Appeal Filed On: 11-04-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MONA MOHANTY
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : C : NEW DELHI BEFORE SHRI I.P. BANSAL, JUDICIAL MEMBER AND SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER ITA NO.1745/DEL/2011 ASSESSMENT YEAR : 2006-07 ACIT, CIRCLE 12 (1), NEW DELHI. VS. M/S GOLDWYN LTD., 101-C, SHIV HOUSE, HARI NAGAR, ASHRAM, NEW DELHI 110 014. PAN : AAACG0979K (APPELLANT) (RESPONDENT) ASSESSEE BY : NONE REVENUE BY : MS MONA MOHANTY, SR. DR ORDER PER I.P. BANSAL, JUDICIAL MEMBER THIS IS AN APPEAL FILED BY THE REVENUE. IT IS DIRECT ED AGAINST THE ORDER OF THE CIT (A) DATED 16 TH JANUARY, 2011 FOR ASSESSMENT YEAR 2006-07. THE GROUNDS OF APPEAL READ AS UNDER:- 1. ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN L AW THE LD. CIT (A) HAS ERRED IN DELETING THE DISALLOWANCE OF RS.8,90,799/- U/S 40(A)(I) MADE BY A.O. 2. THE APPELLANT CRAVES TO ADD, ALTER OR AMEND ANY GR OUND OF APPEAL RAISED ABOVE AT THE TIME OF HEARING.. 2. LD. DR WAS REQUIRED TO SUBMIT THE CALCULATION OF T HE TAX EFFECT IN THE PRESENT APPEAL. ACCORDING TO LETTER PLACED BY H ER ON RECORD, THE TAX EFFECT IS CALCULATED AT ` 2,99,843/-, WHICH IS LE SS THAN ` 3 LAC. ITA NO.1745/DEL/2011 2 3. ACCORDING TO THE RECENT INSTRUCTION NO.3/2011 OF 9 TH FEBRUARY, 2011 ISSUED BY THE CBDT, MONETARY LIMIT FOR FILING TH E APPEAL IN INCOME-TAX MATTERS BEFORE THE TRIBUNAL HAS BEEN FIXED AT ` 3 LAC. THESE INSTRUCTIONS HAVE BEEN HELD TO BE APPLICABLE TO ALL PENDING APPEALS BY THE JURISDICTIONAL HIGH COURT IN THE DECISI ONS IN THE CASES: (I) CIT VS. M/S P.S. JAIN & CO. IN ITA NO.179/1991, O RDER DATED 2 ND AUGUST, 2010. (II) CIT VS. DELHI RACE CLUB IN ITA NO.128/2008 , OR DER DATED 3 RD MARCH, 2011. 4. IN THIS VIEW OF THE SITUATION, THE APPEAL FILED BY THE REVENUE BEING BELOW THE MONETARY LIMIT FIXED BY THE AFOREME NTIONED CIRCULAR, IS UNADMITTED AND DISMISSED IN LIMINE. 5. IN THE RESULT, THE APPEAL FILED BY THE DEPARTMENT IS DISMISSED. THE ORDER PRONOUNCED IN THE OPEN COURT ON 09.06.20 11. SD/- SD/- [SHAMIM YAHYA] [I.P. BANSAL] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED, 09.06.2011. DK COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT DEPUTY REGISTRAR, ITAT, DELHI BENCHES