ACIT, New Delhi V. Shri Vinod Kumar Jain, New Delhi

ITA 381/DEL/2012

• Counselvise Citation: 38120114 RSA 2012
• Duration Of Justice: 2 year(s) 1 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-03-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: H
• Next Hearing Date: 13-03-2014
• Assessment Year: 2008-2009
• Appeal Filed On: 24-01-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SANCHIT JAIN
• Assessee Lawyers: SAMEER SHARMA
• 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 H HH H : 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 CHANDRA MOHAN GARG CHANDRA MOHAN GARG CHANDRA MOHAN GARG CHANDRA MOHAN GARG, ,, , JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER ITA NO ITA NO ITA NO ITA NO. .. .381/DEL/2012 381/DEL/2012 381/DEL/2012 381/DEL/2012 ASSESSMENT YEAR ASSESSMENT YEAR ASSESSMENT YEAR ASSESSMENT YEAR : : : : 2008 2008 2008 2008- -- -09 0909 09 ASSISTANT COMMISSIONER OF ASSISTANT COMMISSIONER OF ASSISTANT COMMISSIONER OF ASSISTANT COMMISSIONER OF INCOME TAX, INCOME TAX, INCOME TAX, INCOME TAX, CIRCLE CIRCLE CIRCLE CIRCLE- -- -39(1), 39(1), 39(1), 39(1), N NN NEW DELHI. EW DELHI. EW DELHI. EW DELHI. VS. VS. VS. VS. SHRI VINOD KUMAR JAIN, SHRI VINOD KUMAR JAIN, SHRI VINOD KUMAR JAIN, SHRI VINOD KUMAR JAIN, 5585 5585 5585 5585- -- -B, GANDHI MARKET, B, GANDHI MARKET, B, GANDHI MARKET, B, GANDHI MARKET, SADAR BAZAAR, SADAR BAZAAR, SADAR BAZAAR, SADAR BAZAAR, DELHI DELHI DELHI DELHI 110 006. 110 006. 110 006. 110 006. PAN : PAN : PAN : PAN : AEFPJ9978P. AEFPJ9978P. AEFPJ9978P. AEFPJ9978P. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI SANCHIT JAIN, CA. RESPONDENT BY : SHRI SAMEER SHARMA, SR.DR. ORDER ORDER ORDER ORDER PER G. PER G. PER G. PER G.D.AGRAW D.AGRAW D.AGRAW D.AGRAWAL, AL, AL, AL, VP VPVP VP : : : : THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(A)-XXVIII, NEW DELHI DATED 17 TH NOVEMBER, 2011 FOR THE AY 2008-09. 2. AT THE OUTSET, THE LEARNED COUNSEL FOR THE ASSES SEE CONTENDS THAT AS PER CENTRAL BOARD OF DIRECT TAXES, INSTRUCTION N O.3/2011 DATED 09 TH FEBRUARY, 2011, THE REVISED LIMIT FOR PREFERRING RE VENUES APPEALS IS ` 3 LACS. THAT THE TAX EFFECT IN THE PRESENT REVENUES APPEAL IS ` 2,71,440/- WHICH IS BELOW THE PRESCRIBED LIMIT OF `3 LACS. IN VIEW THEREOF, THE REVENUES APPEAL MAY BE DISMISSED AS THE TAX EFFECT BEING BELOW THE PRESCRIBED LIMIT. 3. THE LEARNED DEPARTMENTAL REPRESENTATIVE AGREES T O THE SAID POSITION. 4. WE HAVE HEARD BOTH SIDES. THE CBDT, VIDE ABOVE I NSTRUCTION HAS CLEARLY LAID DOWN THAT THE REVENUE SHOULD NOT PREFE R APPEALS AGAINST ITA-381/DEL/2012 2 ASSESSEES BEFORE ITAT IF THE TAX EFFECT INVOLVED IN THE APPEAL, EXCLUDING INTEREST, IS LESS THAN `3 LACS. THE TAX P AYABLE IN THE PRESENT APPEAL BEING BELOW `3 LACS, THE REVENUES APPEAL IS DISMISSED AS NOT MAINTAINABLE IN VIEW OF CBDT INSTRUCTION. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. DECISION PRONOUNCED IN THE OPEN COURT ON 13 TH MARCH, 2014. SD/- SD/- ( (( (CHANDRA MOHAN GARG CHANDRA MOHAN GARG CHANDRA MOHAN GARG CHANDRA MOHAN GARG) )) ) (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 : 13.03.2014 VK. COPY FORWARDED TO: - 1. APPELLANT : ASSISTANT COMMISSIONER OF INCOME TAX, ASSISTANT COMMISSIONER OF INCOME TAX, ASSISTANT COMMISSIONER OF INCOME TAX, ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE CIRCLE CIRCLE CIRCLE- -- -39(1), NEW DELHI. 39(1), NEW DELHI. 39(1), NEW DELHI. 39(1), NEW DELHI. 2. RESPONDENT : SHRI VINOD KUMAR JAIN, SHRI VINOD KUMAR JAIN, SHRI VINOD KUMAR JAIN, SHRI VINOD KUMAR JAIN, 5585 5585 5585 5585- -- -B, GANDHI MARKET, B, GANDHI MARKET, B, GANDHI MARKET, B, GANDHI MARKET, SADAR BAZAAR, DELHI SADAR BAZAAR, DELHI SADAR BAZAAR, DELHI SADAR BAZAAR, DELHI 110 006. 110 006. 110 006. 110 006. 3. CIT 4. CIT(A) 5. DR, ITAT ASSISTANT REGISTRAR