ACIT, New Delhi V. Sh. Ram Prakash Arora, New Delhi

ITA 3028/DEL/2012

• Counselvise Citation: 302820114 RSA 2012
• Duration Of Justice: 2 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-08-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2009-2010
• Appeal Filed On: 15-06-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: B K MANJANI
• 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 F FF F : NEW DELHI : NEW DELHI : NEW DELHI : NEW DELHI BEFORE SHRI G. BEFORE SHRI G. BEFORE SHRI G. BEFORE SHRI G.D.AGRAWAL, D.AGRAWAL, D.AGRAWAL, D.AGRAWAL, VICE PRESIDENT AND VICE PRESIDENT AND VICE PRESIDENT AND VICE PRESIDENT AND SHRI SHRI SHRI SHRI RAJPAL YADAV RAJPAL YADAV RAJPAL YADAV RAJPAL YADAV, JUDICIAL MEMBER , JUDICIAL MEMBER , JUDICIAL MEMBER , JUDICIAL MEMBER ITA NO. ITA NO. ITA NO. ITA NO.3028/DEL/2012 3028/DEL/2012 3028/DEL/2012 3028/DEL/2012 ASSESSMENT YEAR ASSESSMENT YEAR ASSESSMENT YEAR ASSESSMENT YEAR : : : : 2009 2009 2009 2009- -- -10 1010 10 ASSISTANT COMMISSIONER OF ASSISTANT COMMISSIONER OF ASSISTANT COMMISSIONER OF ASSISTANT COMMISSIONER OF INCOME TAX, INCOME TAX, INCOME TAX, INCOME TAX, CIRCLE CIRCLE CIRCLE CIRCLE- -- -28(1), 28(1), 28(1), 28(1), NEW NEW NEW NEW DELHI. DELHI. DELHI. DELHI. VS. VS. VS. VS. SHRI RAM PRAKASH ARORA, SHRI RAM PRAKASH ARORA, SHRI RAM PRAKASH ARORA, SHRI RAM PRAKASH ARORA, 60/8A, RAMJAS ROAD, 60/8A, RAMJAS ROAD, 60/8A, RAMJAS ROAD, 60/8A, RAMJAS ROAD, KAROL BAGH, KAROL BAGH, KAROL BAGH, KAROL BAGH, NEW DELHI NEW DELHI NEW DELHI NEW DELHI 110 005. 110 005. 110 005. 110 005. PAN : AAFPA3681A. PAN : AAFPA3681A. PAN : AAFPA3681A. PAN : AAFPA3681A. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI SUDESH GARG, DR. RESPONDENT BY : SHRI B.K.MANJANI, ADVOCATE. ORDER ORDER ORDER ORDER PER G. PER G. PER G. PER G.D.AGRA D.AGRA D.AGRA D.AGRAWAL, WAL, WAL, WAL, VP VPVP VP : : : : THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE O RDER OF LEARNED CIT(A)-XXV, NEW DELHI DATED 30 TH APRIL, 2012 FOR THE AY 2009- 10. 2. AT THE OUTSET, THE LEARNED COUNSEL FOR THE ASSESSEE STA TED THAT AS PER INSTRUCTION NO.3/2011 DATED 09 TH FEBRUARY, 2011 OF CENTRAL BOARD OF DIRECT TAXES, THE REVISED LIMIT FOR PREFERRING RE VENUES APPEALS HAS BEEN INCREASED FROM `2 LACS TO `3 LACS, ALTHOUGH THE T AX EFFECT IN THE PRESENT APPEAL OF THE REVENUE WORKS OUT TO `8,188/-, WHICH IS BELOW THE PRESCRIBED LIMIT OF `3 LACS. THE WORKING OF SAID TAX EFFECT SUBMITTED BY HIM IS AS UNDER:- ITA-3028/DEL/2012 2 DETAILS OF TAX EFFECT RELIEF GRANTED BY CIT APPEAL BY WAY OF DIRECTING THE AO TO COMPUTE THE LONG TERM CAPITAL GAIN IN RESPECT OF PROPERTY BEARING NO.XVI/2645, BANK STREET, KAROL BAGH, NEW DELHI BY APPLYING INDEX OF 01/04/1981 INSTEAD OF 11/11/1983 IN RESPECT OF EARNEST MONEY (ADVANCE) OF RS.51,000/- PAID 11/10/1975 COST BY INDEX AS PER ASSESSMENT ORDER 51000 X 116 582 RS.2,55,8798/- COST BY INDEX AS PER CIT(A) DIRECTION 51000 X 100 582 RS.2,96,820/- ------------------- RELIEF GRANTED BY CIT(APPEAL) RS.40,941/- ------------------- TAX EFFECT @ 20% OF RS.40,941/- = RS.8,188/- 3. IN VIEW THEREOF, THE LEARNED COUNSEL PLEADED THAT THE REVENUES APPEAL MAY BE DISMISSED AS THE TAX EFFECT BEING BELOW T HE PRESCRIBED LIMIT. 4. THE LEARNED DEPARTMENTAL REPRESENTATIVE, ON THE O THER HAND, STATED THAT SINCE REVENUE HAS FILED THE APPEAL, IT SHOU LD BE DECIDED ON MERIT. 5. WE HAVE HEARD BOTH THE SIDES AND PERUSED THE MATERI AL PLACED BEFORE US. THE CBDT, VIDE ABOVE INSTRUCTION HAS CLEARL Y LAID DOWN THAT THE REVENUE SHOULD NOT PREFER APPEALS AGAINST ASSESSEES BE FORE THE ITAT IF THE TAX EFFECT INVOLVED IN THE APPEAL, EXCL UDING INTEREST, IS LESS THAN `3 LACS. THE TAX PAYABLE IN THE PRESENT APPEAL B EING BELOW `3 ITA-3028/DEL/2012 3 LACS, THE APPEAL OF THE REVENUE IS DISMISSED AS NOT MAIN TAINABLE IN VIEW OF THE SAID CBDT INSTRUCTION. 6. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED . DECISION PRONOUNCED IN THE OPEN COURT ON CONCLUSION O F HEARING ON 22 ND AUGUST, 2012. SD/- SD/- ( (( (RAJPAL YADAV RAJPAL YADAV RAJPAL YADAV RAJPAL YADAV) )) ) (G.D.AGRAWAL) (G.D.AGRAWAL) (G.D.AGRAWAL) (G.D.AGRAWAL) JUDICIAL JUDICIAL JUDICIAL JUDICIAL MEMBER MEMBER MEMBER MEMBER VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT DATED : 22.08.2012 VK. COPY FORWARDED TO: - 1. APPELLANT : ASSISTANT COMMISSIONER OF ASSISTANT COMMISSIONER OF ASSISTANT COMMISSIONER OF ASSISTANT COMMISSIONER OF INCOME TAX, INCOME TAX, INCOME TAX, INCOME TAX, CIRCLE CIRCLE CIRCLE CIRCLE- -- -28(1), NEW DELHI. 28(1), NEW DELHI. 28(1), NEW DELHI. 28(1), NEW DELHI. 2. RESPONDENT : SHRI RA SHRI RA SHRI RA SHRI RAM PRAKASH ARORA, M PRAKASH ARORA, M PRAKASH ARORA, M PRAKASH ARORA, 60/8A, RAMJAS ROAD, 60/8A, RAMJAS ROAD, 60/8A, RAMJAS ROAD, 60/8A, RAMJAS ROAD, KAROL BAGH, NEW DELHI KAROL BAGH, NEW DELHI KAROL BAGH, NEW DELHI KAROL BAGH, NEW DELHI 110 005. 110 005. 110 005. 110 005. 3. CIT 4. CIT(A) 5. DR, ITAT ASSISTANT REGISTRAR