DCIT, New Delhi V. Sh. Chetan Prakash Mittal, Delhi

ITA 3323/DEL/2010

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 81924 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 4 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-11-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 11-11-2014
• Assessment Year: 2002-2003
• Appeal Filed On: 07-07-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PARVINDER KAUR
• Assessee Lawyers: V M CHAURASIA
• Keywords: Reopening of assessment; Tax effect
• Section: 68; 148

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: B: NEW DELHI BEFORE SHRI J.S. REDDY, ACCOUNTANT MEMBER AND SHRI GEORGE GEORGE K, JUDICIAL MEMBER ITA NO. 3323/DEL/2010 ASSESSMENT YEAR 2002-03 DCIT VS. SHRI CH ETAN PRAKASH MITTAL, CIRCLE 13(1), ROOM NO. 406, JEEVAN VILA, 1 ST FLOOR, C.R. BUILDING, I.P. ESTATE, 111, DARYA GANJ, NEW DELHI. DELHI. (PA N AAGPM2197L) CO NO. 210/DEL/20 10 (IN ITA NO. 3323/DEL/2010) ASSESSMENT YEAR 2002-03 SHRI CHETAN PRAKASH MITTAL, VS. DCIT JEEVAN VILA, 1 ST FLOOR, CIRCLE 13(1), ROO M NO. 406, 111, DARYA GANJ, C.R. BUILDING, I.P. ESTATE, DELHI. NEW DELHI. (PAN AAGPM2197L) (APPELLANT) (RESPONDENT ) APPELLANT BY : S MT. PARVINDER KAUR, DR RESPONDENT BY : SHRI V.M. CHAURASIA, ADVOCATE ORDER PER GEORGE GEORGE K, JUDICIAL MEMBER THIS APPEAL BY THE REVENUE AND THE CROSS OBJE CTION BY THE ASSESSE ARISE OUT THE CIT(A) ORDER DATED 16.4.2010. THE RELEVANT ASST T. YEAR IS 2002-03. ITA NO. 3323/DEL/10 CO NO. 210/DEL/2010 2 2. IN THE REVENUES APPEAL THE CHALLENGE IS WI TH REFERENCE TO DELETION OF ADDITION OF RS. 13,79,700/- MADE BY THE AO U/S 68 O F THE INCOME TAX ACT. IN THE ASSESSEES CROSS OBJECTION THE GROUNDS RAISED RELAT E TO VALIDITY OF REOPENING OF ASSESSMENT BY ISSUANCE OF NOTICE U/S 148 OF THE ACT . 3. AT THE VERY OUTSET THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE TAX EFFECT IN THE APPEAL OF THE REVENUE IS BELOW THE PR ESCRIBED LIMIT FOR FILING OF APPEAL BEFORE THE ITAT. IT WAS SUBMITTED THE TAX EF FECT IS BELOW RS. 4 LAKHS. THE LD. COUNSEL FOR THE ASSESSES SUBMITTED INSTRUCTION NO. 5/2014 WHICH PRESCRIBED THE REVISED MONETARY LIMITS FOR FILING APPEAL TO TR IBUNAL AT RS. 4 LACS IS APPLICABLE TO PENDING CASES AND RELIED ON THE RECENT KOLKATA T RIBUNAL BENCH ORDER IN THE CASE OF DCIT VS. SUSHILA SARAOGI REPORTED IN 2014 ( 11) TMI 294 ITAT KOLKATA . 4. LD. DR PRESENT WAS DULY HEARD. 5. WE HAVE HEARD RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD. THE TRIBUNAL IN THE CASE OF DEPUTY COMMR.OF INCOME TAX VS. SUSHILA SARAOGI (SUPRA) AFTER CONSIDERING THE PRECEDENTS ON THE SUBJECT HE LD INSTRUCTION NO. 5/14 ISSUED BY THE CBDT ON 10.7.2014 IS APPLICABLE TO THE PENDI NG APPEALS. THE TRIBUNAL FOLLOWED THE DICTUM LAID DOWN THE JUDGMENTS OF THE VARIOUS HIGH COURTS INCLUDING THE TWO JUDGMENTS OF THE HONBLE JURISDIC TIONAL HIGH COURT IN THE CASE OF CIT VS. M/S. P.S. JAIN & CO. IN ITA NO.179/1991 DATED 2.8.2010 AND IN THE CASE OF COMMISSIONER OF INCOME TAX VS. DELHI RACE C LUB LTD. DATED 3.3.2011. IN VIEW OF THE ORDER OF THE TRIBUNAL IN THE CASE OF D EPUTY COMMISSIONER OF INCOME ITA NO. 3323/DEL/10 CO NO. 210/DEL/2010 3 TAX VS. SUSHILA SARAOGI WHICH HAVE ELABORATELY CONS IDERED THE IDENTICAL ISSUE, WE HOLD THAT INSTRUCTION NO. 5/2014 ISSUED BY THE CBDT ON 10.7.2014 IS APPLICABLE TO THE PENDING APPEALS. IN THE INSTANT CASE, THE TA X EFFECT BEING BELOW RS. 4 LACS, WITHOUT GOING INTO THE ISSUE ON MERIT, WE DISMISS T HE APPEAL OF THE REVENUE IN LIMINEE. IT IS TO BE MENTIONED THAT LD. DR WAS UNA BLE TO POINT OUT ANY EXCEPTIONAL CIRCUMSTANCES /SITUATION (MENTIONED IN BOARD INSTRUCTION NO. 5 / 2014) FOR FILING AN APPEAL DESPITE THE MONETARY LI MIT BEING BELOW THE PRESCRIBED LIMIT. 6. SINCE THE REVENUES APPEAL IS DISMISSED IN LI MINEE THE ASESSEES CROSS OBJECTION IS NOT TAKEN UP FOR ADJUDICATION. 7. IN THE RESULT APPEAL OF THE REVENUE AND CROS S OBJECTION OF THE ASSESSEE ARE DISMISSED. THIS DECISION WAS PRONOUNCED IN THE OPEN C OURT ON 13 TH NOVEMBER, 2014. SD/- SD/- (J.S. REDDY) ( GEORGE GEORGE K) ACCOUNTANT MEMBER JUDICIAL MEMBER DATE . 13 TH NOVEMBER, 2014 *VEENA COPY OF ORDER FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT(A) 4. CIT 5. DR BY ORDER ASSTT. REGISTRAR, ITAT