ITO, New Delhi V. M/s. Exotique Exports, New Delhi

ITA 1907/DEL/2015

• Counselvise Citation: 190720114 RSA 2015
• Duration Of Justice: 3 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-07-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC 1
• Next Hearing Date: 24-07-2015
• Assessment Year: 2010-2011
• Appeal Filed On: 01-04-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S K JAIN
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH SMC NEW DELHI BEFORE SHRI S.V. MEHROTRA : ACCOUNTANT MEMBER ITA NO. 1907/DEL/2015 ASSTT. YR: 2010-11 INCOME-TAX OFFICER, VS. EXOTIQUE EXPORTS, , WARD 28(1), NEW DELHI. Z-45, OKHLA INDL. AREA, P HASE-II, NEW DELHI. PAN: AAAFE 1843 K ( APPELLANT ) (RESPONDENT) APPELLANT BY : SHRI S.K. JAIN, ADDL. CIT (DR) RESPONDENT BY : SHRI R.S. SINGHVI CA DATE OF HEARING : 24/07/2015. DATE OF ORDER : 28/07/2015. O R D E R PER S.V. MEHROTRA, A.M.. : THIS APPEAL, FILED BY THE REVENUE, IS DIRECTED AG AINST CIT(A)S ORDER DATED 27-01-2015 PASSED IN APPEAL NO. TR 307/14-15 , RELATING TO A.Y. 2010-11. 2. LD. COUNSEL FOR THE ASSESSEE AT THE OUTSET SUBMI TTED THAT THE TAX EFFECT INVOLVED IN THE PRESENT APPEAL IS RS. 3,57,543/- I. E. BELOW RS. 4 LACS AND, THEREFORE, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINAB LE IN VIEW OF RECENT CBDT INSTRUCTION, WHICH IS BINDING ON THE DEPARTMENT. 3. THE LEARNED DR COULD NOT CONTROVERTED THE AFORE MENTIONED FACTS. HE, HOWEVER, SUBMITTED THAT THE DEPARTMENT HAS NOT GIVE N UP ITS STAND. 2 4. I HAVE HEARD RIVAL SUBMISSIONS OF THE PARTIES AN D PERUSED THE ENTIRE MATERIAL ON RECORD. AS PER RECENT CBDT INSTRUCTION NO. 5/20 14 [F NO. 279/MISC. 142/2007- ITJ(PT)], DATED 10-7-2014, THE MONETARY LIMIT FOR F ILING APPEAL BY THE DEPARTMENT BEFORE THE ITAT HAS BEEN REVISED TO RS. 4 LACS. THU S, THE DEPARTMENTAL APPEAL, INVOLVING TAX EFFECT BELOW RS. 4 LACS, IS NOT MA INTAINABLE BEFORE THE ITAT. 5. THE HONBLE JURISDICTIONAL DELHI HIGH COURT IN T HE CASE OF CIT VS. DELHI RACE CLUB LTD. IN ITA NO. 128/2008, ORDER DATED 03. 03.2011, BY FOLLOWING THE EARLIER ORDER DATED 02.08.2010 IN ITA NO. 179/1991 IN THE CASE OF CIT DELHI-III VS. M/S P.S. JAIN & CO., HAS HELD THAT SUCH INSTRUCTIO N/ CIRCULAR WOULD ALSO BE APPLICABLE TO PENDING CASES. 6. ADMITTEDLY THE TAX EFFECT INVOLVED IN THE PRESEN T APPEAL IS BELOW RS. 4 LAKHS. THEREFORE, IN VIEW OF THE REVISED INSTRUCTION OF T HE CBDT, REFERRED TO ABOVE, AND THE HONBLE JURISDICTIONAL HIGH COURTS DECISION I N THE CASE OF DELHI RACE CLUB LTD., SUPRA, THE DEPARTMENTAL APPEAL IS NOT MAINTA INABLE. 7. IN THE RESULT, DEPARTMENTAL APPEAL IS DISMISSED . ORDER PRONOUNCED IN OPEN COURT ON 28/07/2015.. SD/- (S.V. MEHROTRA) ACCOUNTANT MEMBER DATED: _28/07/2015. *MP* COPY OF ORDER TO: 1. ASSESSEE 2. AO 3. CIT 4. CIT(A) 5. DR, ITAT, NEW DELHI. 3