ITO, New Delhi V. M/s. Ranutrol Instrumentation Ltd., New Delhi

ITA 3931/DEL/2010

• Counselvise Citation: [2010] 135 COUNSELVISE.COM (IT) 6988 (ITAT-DELHI)
• Duration Of Justice: 2 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-10-2010
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 1992-1993
• Appeal Filed On: 20-08-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: BANITA DEVI NAOREM
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH `F : NEW DELHI BEFORE SHRI C.L. SETHI, JUDICIAL MEMBER AND SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER I.T.A.NO.3931/DEL/2010 ASSESSMENT YEAR : 1992-93 INCOME-TAX OFFICER, M/S. RANUTROL INSTRUMENTATION LTD., WARD-15(2), NEW DELHI. VS. 414, NEW DELHI HOUSE, 27, BARAKHAMBA ROAD, NEW DELHI. PAN: AAACR1597C (APPELLANT) (RESPONDENT) APPELLANT BY : SMT. B ANITA DEVI NAOREM, SR. DR. RESPONDENT BY : SHRI SAL IL AGGARWAL, ADVOCATE. O R D E R PER C.L. SETHI, JUDICIAL MEMBER. THE REVENUE IS IN APPEAL AGAINST THE ORDER DATED 31 .05.2010 PASSED BY THE LEARNED COMMISSIONER OF INCOME-TAX (APPEALS), P ERTAINING TO THE ASSESSMENT YEAR 1992-93. 2. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE M ATERIAL AVAILABLE ON RECORD. 3. AT THE OUTSET IT HAS BEEN NOTICED BY US THAT THE ADDITION IN DISPUTE IN THIS APPEAL IS ` 4,47,874/-, ON WHICH TAX PAYABLE IS BELOW ` 2 LAKH. THEREFORE, THIS APPEAL IS NOT MAINTAINABLE. THE CE NTRAL BOARD OF DIRECT TAXES (CBDT) VIDE INSTRUCTION NO.2 OF 2005 DATED 24 .10.2005 HAS DIRECTED 2 THE ASSESSING OFFICER NOT TO FILE FURTHER APPEAL BE FORE TRIBUNAL WHERE THE TAX EFFECT IS LESS THAN ` 2 LACS. HONBLE DELHI HIGH COURT IN THE CASE OF CI T VS. PRADEEP KUMAR GUPTA, 207 CTR 115 HELD THAT WHERE TH E TAX EFFECT INVOLVED IN THE APPEAL FILED BY THE REVENUE BEING LESS THAN MONETARY LIMIT PRESCRIBED BY THE CBDT FOR FILING THE APPEAL BEFORE THE TRIBUN AL, THE SAME WAS NOT MAINTAINABLE AND WAS LIABLE TO BE DISMISSED. IN TH E CASE OF CIT VS. RAJENDRA PRASAD SHARMA IN ITA NO.121/1999, THE HONBLE ALLAH ABAD HIGH COURT HAS DISMISSED THE APPEAL FILED BY THE REVENUE ON THE GR OUND THAT TAX LIABILITY IN THAT CASE WAS LESS THAN ` 5 LAKH. FOLLOWING THE DECISIONS OF HONBLE DELHI HIGH COURT AND HONBLE ALLAHABAD HIGH COURT, WE HOL D THAT SINCE THE TAX EFFECT INVOLVED IN THIS APPEAL BEING LESS THAN ` .2 LAKHS, THIS APPEAL IS NOT MAINTAINABLE. THEREFORE, THE SAME IS DISMISSED. 4. IN THE RESULT, THE APPEAL OF ASSESSEE IS DISMISS ED. 5. THIS DECISION WAS PRONOUNCED IN THE OPEN COURT O N 20 TH OCTOBER, 2010, IMMEDIATELY AFTER THE HEARING WAS OVER. SD/- SD/- (SHAMIM YAHYA) (C.L. SETHI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 20 TH OCTOBER, 2010. 3 ITA NO.3931/DEL/2010 COPY OF THE ORDER FORWARDED TO:- 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR BY ORDER *MG DEPUTY REGISTRAR, ITAT.