ACIT, New Delhi V. Sh. Yatish Chandra Gupta, New Delhi

ITA 3386/DEL/2013

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 86634 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 8 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-01-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: H
• Next Hearing Date: 27-01-2015
• Assessment Year: 2009-2010
• Appeal Filed On: 28-05-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B R R KUMAR
• Keywords: Tax effect
• Section: 10

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH H NEW DELHI BEFORE SHRI S.V. MEHROTRA : ACCOUNTANT MEMBER AND SHRI GEORGE GEORGE K.: JUDICIAL MEMBER ITA NO. 3386/DEL/2013 A.Y. 2009-10 ACIT, CIRCLE 47(1), VS. SHRI YATISH CHANDRA GUPTA, NEW DELHI. R-116, GREATER KAILASH, NEW DELHI. PAN: AAIPG 1068 N ( APPELLANT ) ( RESPONDENT ) APPELLANT BY : SHRI B/R.R.KUMAR SR. DR RESPONDENT BY : SHRI SATYAJEET GOEL CA DATE OF HEARING : 27-01-2015 DATE OF ORDER : 30-01-2015. O R D E R PER S.V. MEHROTRA, A.M:- THIS APPEAL , PREFERRED BY THE DEPARTMENT , IS DIRECTED AGAINST THE ORDER DATED 22-03-2013, PASSED BY THE CIT(APPEALS)-XXX, N EW DELHI IN APPEAL NO. 3340 /2011-12 , RELATING TO A.Y.2009-10. SOLE EFFECTIVE GROUND RA ISED IS AS UNDER: ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW, THE LD. CIT(A) HAS ERRED IN ALLOWING RELIEF OF RS. 10,80,00 0/- ON ACCOUNT OF DISALLOWANCE OF CLAIM OF HRA IGNORING THE FACT THAT THE ASSESSEE IS THE CO-OWNER OF THE PROPERTY ON WHICH HE IS CLAIMING HR A EXEMPTION U/S 10 OF THE I.T. ACT, 1961. 2 2. THE LEARNED COUNSEL FOR THE ASSESSEE AT THE VERY OUT SET CONTENDED THAT THE TAX EFFECT INVOLVED IN PRESENT APPEAL IS BELOW RS. 4 LACS AND, THEREFORE, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE IN VIEW O F RECENT CBDT INSTRUCTION, WHICH IS BINDING ON THE DEPARTMENTS. 4. ON THE OTHER HAND, THE LEARNED DR CONTENDED THA T THE APPEAL SHOULD NOT BE DISMISSED ON ACCOUNT OF TAX EFFECT ONLY. 5. WE HAVE HEARD RIVAL SUBMISSIONS OF THE PARTIES A ND PERUSED THE ENTIRE MATERIAL ON RECORD. AS PER RECENT CBDT INSTRUCTION NO. 5/2014 DATED 10-7-2014, THE MONETARY LIMIT FOR FILING APPEAL BY THE DEPARTM ENT BEFORE THE ITAT HAS BEEN REVISED TO RS. 4 LACS. THUS, THE DEPARTMENTAL APPE ALS, INVOLVING TAX EFFECT BELOW RS. 4 LACS, ARE NOT MAINTAINABLE BEFORE THE ITAT. 5.1. THE HONBLE JURISDICTIONAL DELHI HIGH COURT IN THE CASE OF CIT VS. DELHI RACE CLUB LTD. IN ITA NO. 128/2008, ORDER DATED 03. 03.2011, BY FOLLOWING THE EARLIER ORDER DATED 02.08.2010 IN ITA NO. 179/1991 IN THE CASE OF CIT DELHI-III VS. M/S P.S. JAIN & CO., HAS HELD THAT SUCH INSTRUCTIO N/ CIRCULAR WOULD ALSO BE APPLICABLE TO PENDING CASES. 5.2. ADMITTEDLY THE TAX EFFECT INVOLVED IN THE PRES ENT APPEAL IS BELOW RS. 4 LAKHS. THEREFORE, IN VIEW OF THE REVISED INSTRUCTION OF T HE CBDT, REFERRED TO ABOVE, AND 3 THE HONBLE JURISDICTIONAL HIGH COURTS DECISION I N THE CASE OF DELHI RACE CLUB LTD., SUPRA, THE DEPARTMENTAL APPEAL IS NOT MAINTAI NABLE. 6. IN THE RESULT, DEPARTMENTAL APPEAL IS DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON 30 -01-2015. SD/- SD/- (GEORGE GEORGE K. ) ( S.V. MEHROTRA ) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 30-01-2015. MP COPY TO : 1. ASSESSEE 2. AO 3. CIT 4. CIT(A) 5. DR