DCIT, New Delhi V. M/s. Accurate Education & Research Society, Ghaziabad

ITA 2537/DEL/2013

• Counselvise Citation: 253720114 RSA 2013
• Duration Of Justice: 1 year(s) 3 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-08-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 26-08-2014
• Assessment Year: 2007-2008
• Appeal Filed On: 30-04-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL DELHI DELHI DELHI DELHI BENCH BENCH BENCH BENCH A AA A : NEW DELHI : NEW DELHI : NEW DELHI : NEW DELHI BEFORE SHRI G.D. AGRAWAL, VICE BEFORE SHRI G.D. AGRAWAL, VICE BEFORE SHRI G.D. AGRAWAL, VICE BEFORE SHRI G.D. AGRAWAL, VICE PRESIDENT AND PRESIDENT AND PRESIDENT AND PRESIDENT AND SHRI SHRI SHRI SHRI ABY T. VARKEY ABY T. VARKEY ABY T. VARKEY ABY T. VARKEY, JUDICIAL , JUDICIAL , JUDICIAL , JUDICIAL MEMBER MEMBER MEMBER MEMBER ITA NO ITA NO ITA NO ITA NO. .. .2537/DEL/2013 2537/DEL/2013 2537/DEL/2013 2537/DEL/2013 ASSESSMENT YEAR ASSESSMENT YEAR ASSESSMENT YEAR ASSESSMENT YEAR : : : : 2007 2007 2007 2007- -- -08 0808 08 DEPUTY COMMISSIONER OF DEPUTY COMMISSIONER OF DEPUTY COMMISSIONER OF DEPUTY COMMISSIONER OF INCOME TAX, INCOME TAX, INCOME TAX, INCOME TAX, CENTRAL CIRCLE CENTRAL CIRCLE CENTRAL CIRCLE CENTRAL CIRCLE- -- -22, 22, 22, 22, N NN NEW DELHI. EW DELHI. EW DELHI. EW DELHI. VS. VS. VS. VS. M/S ACCURATE EDUCATION & M/S ACCURATE EDUCATION & M/S ACCURATE EDUCATION & M/S ACCURATE EDUCATION & RESEARCH SOCIETY, RESEARCH SOCIETY, RESEARCH SOCIETY, RESEARCH SOCIETY, C CC C- -- -187, SURYA NAGAR, 187, SURYA NAGAR, 187, SURYA NAGAR, 187, SURYA NAGAR, GHAZIABAD. GHAZIABAD. GHAZIABAD. GHAZIABAD. PAN : AAAAA7866M. PAN : AAAAA7866M. PAN : AAAAA7866M. PAN : AAAAA7866M. (APPELLANT) (RESPONDENT) APPELLANT BY : NONE. RESPONDENT BY : SHRI AMIT GOEL, CA. ORDER ORDER ORDER ORDER PER G.D. AGRAWAL, VP PER G.D. AGRAWAL, VP PER G.D. AGRAWAL, VP PER G.D. AGRAWAL, VP : : : : THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(A)-III, NEW DELHI DATED 26 TH FEBRUARY, 2013 FOR THE AY 2007-08. 2. NONE APPEARED ON BEHALF OF THE REVENUE. AN APPL ICATION DATED 25 TH AUGUST, 2014 HAS BEEN FILED BY SHRI S.N. BHATIA, L EARNED DEPARTMENTAL REPRESENTATIVE REQUESTING FOR ADJOURNM ENT OF THE PRESENT APPEAL ALONGWITH ITA NO.2539/DEL/2013 OF TH E SAME ASSESSEE ON PERSONAL GROUNDS. 3. LEARNED COUNSEL FOR THE ASSESSEE CONTENDED THAT AS PER CENTRAL BOARD OF DIRECT TAXES, INSTRUCTION NO.3/2011 DATED 09 TH FEBRUARY, 2011, THE REVISED LIMIT FOR PREFERRING REVENUES AP PEALS IS ` 3 LACS. THAT THE TAX EFFECT IN THE PRESENT REVENUES APPEAL IS ` 2,49,350/- WHICH IS BELOW THE PRESCRIBED LIMIT OF `3 LACS. HE HAS ALSO SUBMITTED A WORKING OF THE TAX EFFECT. IN VIEW THEREOF, THE REVENUES APPEAL MAY BE DISMISSED AS THE TAX EFFECT BEING BELOW THE PRESCRI BED LIMIT. ITA-2537/DEL/2013 2 4. WE HAVE HEARD THE ARGUMENTS OF THE LEARNED COUNS EL AND PERUSED THE MATERIAL PLACED BEFORE US. THE CBDT, VI DE ABOVE INSTRUCTION HAS CLEARLY LAID DOWN THAT THE REVENUE SHOULD NOT PREFER APPEALS AGAINST ASSESSEES BEFORE ITAT IF THE TAX EF FECT INVOLVED IN THE APPEAL, EXCLUDING INTEREST, IS LESS THAN `3 LACS. T HE TAX PAYABLE IN THE PRESENT APPEAL BEING BELOW `3 LACS, THE REVENUES A PPEAL IS NOT MAINTAINABLE IN VIEW OF CBDT INSTRUCTION. 5. SINCE REVENUES APPEAL IS NOT MAINTAINABLE, NO U SEFUL PURPOSE WOULD BE SERVED BY GRANTING ADJOURNMENT TO REVENUE. ACCORDINGLY, REVENUES REQUEST FOR ADJOURNMENT IS REFUSED AND RE VENUES APPEAL IS DISMISSED BEING NOT MAINTAINABLE. 6. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. DECISION PRONOUNCED IN THE OPEN COURT ON 29 TH AUGUST, 2014. SD/- SD/- ( (( (ABY T. VARKEY ABY T. VARKEY ABY T. VARKEY ABY T. VARKEY) )) ) (G.D. AGRAWAL (G.D. AGRAWAL (G.D. AGRAWAL (G.D. AGRAWAL) )) ) JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT DATED : 29.08.2014 VK. COPY FORWARDED TO: - 1. APPELLANT : DEPUTY COMMISSIONER OF INCOME TA X, DEPUTY COMMISSIONER OF INCOME TAX, DEPUTY COMMISSIONER OF INCOME TAX, DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE CENTRAL CIRCLE CENTRAL CIRCLE CENTRAL CIRCLE- -- -22, NEW DELHI. 22, NEW DELHI. 22, NEW DELHI. 22, NEW DELHI. 2. RESPONDENT : M/S ACCURATE EDUCATION & RESEARCH S OCIETY, M/S ACCURATE EDUCATION & RESEARCH SOCIETY, M/S ACCURATE EDUCATION & RESEARCH SOCIETY, M/S ACCURATE EDUCATION & RESEARCH SOCIETY, C C C C- -- -187, SURYA NAGAR, GHAZIABAD. 187, SURYA NAGAR, GHAZIABAD. 187, SURYA NAGAR, GHAZIABAD. 187, SURYA NAGAR, GHAZIABAD. 3. CIT 4. CIT(A) 5. DR, ITAT ASSISTANT REGISTRAR