ITO, Bhiwani V. Serve Hitkari Shiksha Samiti, Bhiwani

ITA 3505/DEL/2017

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 4244 (ITAT-DELHI)
• Duration Of Justice: 3 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-09-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2012-2013
• Appeal Filed On: 02-06-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: T VASANTHAN
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH SMC, NEW DELHI BEFORE SHRI R.K.PANDA, ACCOUNTANT MEMBER ITA NO. 3505/DEL/2017 ASSTT. YEAR : 2012-13 ITO WARD-3, SCO 222, HUDA COMPLEX BHIWANI VS SERVE HITKARI SHIKSHA SAMITI VPO NEERIWALI BHIWANI (APPELLANT) (RESPONDENT) PAN NO. AADAS1095H ASSESSEE BY : NONE REVENUE BY : SH. T VASANTHAN, S R. DR DATE OF HEARING : 25.09.2017 DATE OF PRONOUNCEMEN T : 25 . 09.2017 ORDER PER R.K.PANDA, AM: THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAIN ST THE ORDER DATED 31 ST MARCH, 2017 OF THE CIT(A)- HISAR RELATING TO ASSES SMENT YEAR 2012-13. 2. THE REVENUE IN ITS ONLY EFFECTIVE GROUND OF APP EAL HAS CHALLENGED THE ORDER OF CIT(A) IN DELETING THE ADDITION OF RS. 10,00,000/- MADE ON ACCOUNT OF CORPUS FUND. 3. AN ADJOURNMENT APPLICATION HAS BEEN FILED BY LD. DR SEEKING ADJOURNMENT OF THE CASE. HOWEVER, CONSIDERING THE L OW TAX EFFECT INVOLVED IN THE GROUNDS OF APPEAL RAISED BY THE REV ENUE, THE SAME IS REJECTED AND THE APPEAL IS TAKEN UP FOR ADJUDICATIO N. ITA NO. 3505/DEL/2017 (SERVE HITKARI SHIKSHA SAMITI) 2 4. IT WAS SEEN THAT THE TAX EFFECT INVOLVED IN THE GROUND RAISED BY THE REVENUE IS LESS THAN 10,00,000/-. WHEN SAME WAS CONFRONTED TO LD. DR, HE ALSO FAIRLY CONCEDED THAT THE TAX EFFECT INV OLVED IN THE GROUNDS RAISED BY THE REVENUE IS BELOW 10 LAKHS. THEREFORE, FOLLOWING THE RECENT CBDT INSTRUCTION NO. 21/2015 DATED 10/12/201 5, THE DEPARTMENTAL APPEAL IS NOT MAINTAINABLE. ACCORDINGL Y THE APPEAL FILED BY THE REVENUE DISMISSED ON ACCOUNT OF LOW TAX EFFE CT. 5. IN THE RESULT APPEAL OF THE REVENUE IS DISMISSED . (ORDER PRONOUNCED IN THE COURT AT THE TIME OF HEARI NG ITSELF I.E. ON 25.09.2017) SD/- (R.K.PANDA) ACCOUNTANT MEMBER DATED: 25 /09/2017 *BINITA* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGIS TRAR ITA NO. 3505/DEL/2017 (SERVE HITKARI SHIKSHA SAMITI) 3 DATE INITIAL 1. DRAFT DICTATED ON 25/09/2017 2. DRAFT PLACED BEFORE AUTHOR 25/09/2017 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER 25/09/2017 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. 25/09/2017 5. APPROVED DRAFT COMES TO THE SR.PS/PS 25/09/2017 6. KEPT FOR PRONOUNCEMENT ON 25/09/2017 7. FILE SENT TO THE BENCH CLERK 25/09/2017 8. DATE ON WHICH FILE GOES TO THE AR 9. DATE ON WHICH FILE GOES TO THE HEAD CLERK. 10. DATE OF DISPATCH OF ORDER.