ACIT (E), Ghaziabad V. M/s Delhi Public School Ghaziabad Society, Ghaziabad

ITA 3667/DEL/2015

• Counselvise Citation: [2018] 118 COUNSELVISE.COM (IT) 8833 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 6 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-12-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2010-2011
• Appeal Filed On: 05-06-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ASHIMA NEB
• Assessee Lawyers: S KRISHNAN
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH B NEW DELHI BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER & SHRI A.N. MISSHRA, ACCOUNTANT MEMBER I.T.A. NO.3667/DEL/2015 ASSESSMENT YEAR: 2010-11 ASST. COMMISSIONER OF INCOME TAX (EXEMPTION), GHAZIABAD. V. DELHI PUBLIC SCHOOL GHAZIABAD SOCIETY, SITE, NO.3, MEERUT ROAD, GHAZIABAD. TAN/PAN: ACHPA 0098H (APPELLANT) (RESPONDENT) APPELLANT BY: MS. ASHIMA NEB, SR.D.R. RESPONDENT BY: SHRI S. KRISHNAN, ADV. DATE OF HEARING: 13 09 2018 DATE OF PRONOUNCEMENT: 11 2018 O R D E R PER AMIT SHUKLA, J.M.: THE AFORESAID APPEAL HAS BEEN FILED BY THE REVENUE AGAINST THE IMPUGNED ORDER DATED 02.03.2015 PASSED BY THE COMMISSIONER OF INCOME TAX, MUZAFFAR NAGAR. THE GRO UND RAISED BY THE REVENUE IS AS UNDER: 1. WHETHER UNDER THE FACTS AND CIRCUMSTANCES OF TH E CASE LD. CIT(A) WAS CORRECT IN ALLOWING THE INSURANCE CHARGE S OF RS. 10,46,914/- FOR THE ENTIRE FLEET OF BUSES AND IN AL LOWING RELIEF OF RS. 4,97,084/- ON ACCOUNT OF SALARY PAID TO AYAS AS NO DETAILS HAVE BEEN FURNISHED BY THE ASSESSEE WHILE SUBMITTIN G THE SALARY DETAILS AND THERE WAS DIFFERENCE IN SALARY S HEET SUBMITTED BY THE SOCIETY AND THE SALARY CLAIMED BY THE SOCIETY. 2. HERE IN THIS APPEAL OF THE REVENUE, THE AMOUNTS IN DISPUTE ARE RS.10,46,914 AND RS.4,97,084/- ON WHICH TAX EFFECT IS MUCH BELOW THE NEW PRESCRIBED MONETARY LI MIT FOR I.T.A. NO.3667/DEL/2015 2 FILING OF APPEAL BY THE DEPARTMENT BEFORE THE ITAT OF RS.20 LAC VIDE CBDT CIRCULAR NO.03/2008 [F.NO.279/MISC.142/20 07- ITJ (PT)] DATED 11 TH JULY, 2018. ACCORDINGLY, THE APPEAL OF THE REVENUE IS DISMISSED AS NON MAINTAINABLE BECAUSE OF LOW TAX EFFECT. 3. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 11 TH DECEMBER, 2018. SD/- SD/- [A.N. MISSHRA] [AMIT SHUKLA] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 11 TH DECEMBER, 2018 PKK: