DCIT, New Delhi V. Shri Hridey Vikram, New Delhi

ITA 2891/DEL/2011

• Counselvise Citation: [2011] 119 COUNSELVISE.COM (IT) 7110 (ITAT-DELHI)
• Duration Of Justice: 6 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-12-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 19-12-2011
• Assessment Year: 2007-2008
• Appeal Filed On: 02-06-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B R R KUMAR
• Assessee Lawyers: SM MATHUR
• Keywords: Tax effect

Judgement Text

ITA NO.2891/DEL/2011 1 IN THE INCOME TAX APPELLAT E TRIBUNAL DELHI BENCH C NEW DELHI BEFORE SHRI G.D. AGRAWAL, VICE PRESIDENT AND SHRI C.L. SETHI, JUDICIAL MEMBER ITA NO.2891/DEL/2011 ASSTT. YEAR: 2007-2008 DY.COMMISSIONER OF INCOME TAX, VS SHRI HRIDEY VIKRAM, CIRCLE-22(1), F-38/2, OKHLA INDL.AREA, NEW DELHI. PHASE-II, NEW DELHI. (APPELLANT) (RES PONDENT) APPELLANT BY: SHRI B.R.R. KUMAR, SR. DR RESPONDENT BY: SHRI S.M. MATHUR O R D E R PER G.D. AGRAWAL, V.P. THIS APPEAL OF THE REVENUE FOR ASSESSMENT YEAR 20 07-08 HAS BEEN PREFERRED BY THE REVENUE AGAINST THE ORDER OF CIT(A )-XXIII, NEW DELHI DATED 31.3.2011. THE ONLY DISPUTE IN THIS APPEAL I S AGAINST DELETION OF ADDITION OF RS. 6,50,000/-, THE TAX EFFECT ON WHICH IS ADMITTEDLY BELOW RS. 3 LAKHS. 2. THE LEARNED COUNSEL FOR THE ASSESSEE, AT THE OU TSET, CONTENDS THAT AS PER CENTRAL BOARD OF DIRECT TAXES, INSTRUCTION NO.3 /2011 DATED 09 TH FEBRUARY, 2011, THE REVISED LIMIT FOR PREFERRING RE VENUES APPEALS HAS BEEN INCREASED FROM RS.2 LACS TO RS. 3 LACS, ALTHOUGH TH E TAX EFFECT IN THE PRESENT ITA NO.2891/DEL/2011 2 REVENUES APPEAL IS BELOW THE PRESCRIBED LIMIT OF RS. 3 LACS. IN VIEW THEREOF, THE REVENUES APPEAL MAY BE DISMISSED AS T HE TAX EFFECT BEING BELOW THE PRESCRIBED LIMIT. 3. THE LEARNED DEPARTMENTAL REPRESENTATIVE AGREES T O THE TAX CALCULATION AND THE UPWARD REVISION OF TAX EFFECT APPEALABLE UN DER REVENUES APPEAL TO RS. 3 LACS. 4. WE HAVE HEARD BOTH SIDES. THE CBDT, VIDE ABOVE INSTRUCTION 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 RS. 3 LACS. THE TAX PAYABLE IN THE PRESENT APPEAL BEING BELOW RS. 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. ORDER PRONOUNCED IN THE OPEN COURT ON 19 TH DECEMBER, 2011. SD/- SD/- ( C.L. SETHI ) ( G.D. AGRAWAL ) JUDICIAL MEMBER VICE PRESIDENT DT. 19TH DECEMBER, 2011 GS ITA NO.2891/DEL/2011 3 COPY FORWARDED TO: 1. DCIT, CIR. 22(1), MEERUT. 2. SHRI HRIDEY VIKRAM, NEW DELHI. 3. CIT(A)-XXIII, NEW DELHI. 4. CIT 4. DR BY ORDER DY. REGISTRAR