ACIT, New Delhi V. M/s B&R Infra Techno (P) Ltd., New Delhi

ITA 2819/DEL/2013

• Counselvise Citation: 281920114 RSA 2013
• Duration Of Justice: 1 year(s) 3 month(s) 21 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: 28-08-2014
• Assessment Year: 2002-2003
• Appeal Filed On: 08-05-2013
• 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. .. .2819/DEL/2013 2819/DEL/2013 2819/DEL/2013 2819/DEL/2013 ASSESSMENT YEAR ASSESSMENT YEAR ASSESSMENT YEAR ASSESSMENT YEAR : : : : 2002 2002 2002 2002- -- -03 0303 03 ASSISTANT COMMISSIONER OF ASSISTANT COMMISSIONER OF ASSISTANT COMMISSIONER OF ASSISTANT COMMISSIONER OF INCOME TAX, INCOME TAX, INCOME TAX, INCOME TAX, CIRCLE CIRCLE CIRCLE CIRCLE- -- -2(1), 2(1), 2(1), 2(1), NEW NEW NEW NEW DELHI. DELHI. DELHI. DELHI. VS. VS. VS. VS. M/S B & R INFRA TECHNO (P) LTD., M/S B & R INFRA TECHNO (P) LTD., M/S B & R INFRA TECHNO (P) LTD., M/S B & R INFRA TECHNO (P) LTD., (NOW KNOWN AS B.R. ARORA & (NOW KNOWN AS B.R. ARORA & (NOW KNOWN AS B.R. ARORA & (NOW KNOWN AS B.R. ARORA & ASSOCIATES (P) LIMITED), ASSOCIATES (P) LIMITED), ASSOCIATES (P) LIMITED), ASSOCIATES (P) LIMITED), BB BBBB BB- -- -13, 13, 13, 13, GREATER KAILASH ENCLAVE GREATER KAILASH ENCLAVE GREATER KAILASH ENCLAVE GREATER KAILASH ENCLAVE- -- -II, II,II, II, NEW DELHI. NEW DELHI. NEW DELHI. NEW DELHI. PAN : AAACB4594K. PAN : AAACB4594K. PAN : AAACB4594K. PAN : AAACB4594K. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI S.N. BHATIA, SR.DR. RESPONDENT BY : SHRI R.K. GUPTA, 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)-V, NEW DELHI DATED 4 TH FEBRUARY, 2013 FOR THE AY 2002- 03. 2. AT THE OUTSET, THE LEARNED COUNSEL FOR THE ASSES SEE CONTENDS THAT AS PER CENTRAL BOARD OF DIRECT TAXES, INSTRUCTION N O.3/2011 DATED 09 TH FEBRUARY, 2011, THE REVISED LIMIT FOR PREFERRING RE VENUES APPEALS IS ` 3 LACS. THAT THE TAX EFFECT IN THE PRESENT REVENUES APPEAL IS ` 2,50,400/- WHICH IS BELOW THE PRESCRIBED LIMIT OF `3 LACS. A W ORKING OF THE TAX EFFECT HAS ALSO BEEN FILED BY HIM. IN VIEW THEREOF , THE REVENUES APPEAL MAY BE DISMISSED AS THE TAX EFFECT BEING BEL OW THE PRESCRIBED LIMIT. 3. THE LEARNED DEPARTMENTAL REPRESENTATIVE AGREES T O THE SAID POSITION. ITA-2819/DEL/2013 2 4. WE HAVE HEARD BOTH SIDES. THE CBDT, VIDE ABOVE I NSTRUCTION HAS CLEARLY LAID DOWN THAT THE REVENUE SHOULD NOT PREFE R APPEALS AGAINST ASSESSEES BEFORE ITAT IF THE TAX EFFECT INVOLVED IN THE APPEAL, EXCLUDING INTEREST, IS LESS THAN `3 LACS. THE TAX P AYABLE IN THE PRESENT APPEAL BEING BELOW `3 LACS, THE REVENUES APPEAL IS DISMISSED AS NOT MAINTAINABLE IN VIEW OF CBDT INSTRUCTION. 5. 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 : ASSISTANT COMMISSIONER OF INCOME TAX, ASSISTANT COMMISSIONER OF INCOME TAX, ASSISTANT COMMISSIONER OF INCOME TAX, ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE CIRCLE CIRCLE CIRCLE- -- -2(1), NEW DELHI. 2(1), NEW DELHI. 2(1), NEW DELHI. 2(1), NEW DELHI. 2. RESPONDENT : M/S B & R INFRA TECHNO (P) LTD., M/S B & R INFRA TECHNO (P) LTD., M/S B & R INFRA TECHNO (P) LTD., M/S B & R INFRA TECHNO (P) LTD., (NOW (NOW (NOW (NOW KNOWN AS B.R. ARORA & ASSOCIATES (P) LIMITED), KNOWN AS B.R. ARORA & ASSOCIATES (P) LIMITED), KNOWN AS B.R. ARORA & ASSOCIATES (P) LIMITED), KNOWN AS B.R. ARORA & ASSOCIATES (P) LIMITED), BB BBBB BB- -- -13, GREATER KAILASH ENCLAVE 13, GREATER KAILASH ENCLAVE 13, GREATER KAILASH ENCLAVE 13, GREATER KAILASH ENCLAVE- -- -II, NEW DELHI. II, NEW DELHI. II, NEW DELHI. II, NEW DELHI. 3. CIT 4. CIT(A) 5. DR, ITAT ASSISTANT REGISTRAR