The A.C.I.T, Amritsar V. Sh. Satish Kapoor, Amritsar

ITA 395/ASR/2010

• Counselvise Citation: 39520914 RSA 2010
• Duration Of Justice: 1 year(s) 7 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-04-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 17-04-2012
• Assessment Year: 2004-2005
• Appeal Filed On: 16-09-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AMRIK CHAND
• Assessee Lawyers: SANJEEV MEHRA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH; AMRITSAR. BEFORE SH. H.S. SIDHU, JUDICIAL MEMBER AND SH. B.P.JAIN, ACCOUNTANT MEMBER I.T.A. NO. 395(ASR)/2010 ASSESSMENT YEAR:2004-05 PAN: AAWPK9482A A.C.I.T. SH. SATISH KAPOOR CIRCLE V, VS. C/O EMDET P.LTD., AMRITSAR. FATEHGARH CHURIAN ROAD, AMRITSAR (APPELLANT) (RESPONDENT) APPELLANT BY: SH. AMRIK CHAND, D.R. RESPONDENT BY: SH. SANJEEV MEHRA, C.A. DATE OF HEARING :17/04/2012 DATE OF PRONOUNCEMENT: 17/04/2012 ORDER PER BENCH: THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAIN ST THE IMPUGNED ORDER OF THE CIT(A), AMRITSAR DATED 20.07.2010 RELA TING TO ASSESSMENT YEAR 2004-05. 2. THE NOTICE OF HEARING WAS SENT TO THE ASSESSEE AT THE ADDRESS GIVEN IN FORM NO. 36, COL. 10 BY REGISTERED AD POST FOR TODA Y I.E. 17.04.2012. IN RESPONSE TO THE SAME, SH. SANJEEV MEHRA, LD. CHARTE RED ACCOUNTANT APPEARED AND RAISED PRELIMINARY OBJECTIONS WHICH AR E AS UNDER:- 1. THIS APPEAL IS PREFERRED BY THE REVENUE CHALLEN GING THE ORDER PASSED BY THE WORTHY COMMISSIONER OF INCOME TAX (AP PEALS), ITA NO.395(ASR)/2010 ASSESSMENT YEAR : 2004-05 2 AMRITSAR FOR THE A.Y. 2004-05 DELETING THE ADDITION MADE BY THE A.O. AMOUNTING TO RS. 6,14,710/-. 2. THE TOTAL TAX EFFECT WHICH IS SUBJECT MATTER OF THIS APPEAL IS RS. 2,02,676/-. 3. THAT IN VIEW OF INSTRUCTION NO. 3/2011 ISSUED ON 09.02.2011 REVENUE IS PRECLUDED FROM THE FILING THE APPEAL WHE RE THE TAX EFFECT DOES NOT EXCEED RS. 3,00,000/- BEFORE THE HONBLE I NCOME TAX (APPEALS) TRIBUNAL, THEREFORE, IT IS SUBMITTED THA T AS THE SUBJECT MATTER I.E. THE TAX EFFECT IS RS. 2,02,676/- WHICH IS LESS THAN 3,00,000/-, THIS APPEAL FILED U/S 250 OF THE INCOME TAX ACT 196 1 IS NOT MAINTAINABLE AND IS LIABLE TO BE DISMISSED ON THIS GROUND. 4. THAT IN HONBLE HIGH COURT OF KARNATAKA IN CIT V S. SEEDI BUILDERS REPORTED AS (2012) 204 TAXMAN 136 (KAR), T HEIR LORDSHIPS HAVE HELD INSTRUCTION NO. 3/2011 ISSUED ON 09.02.20 11 IS APPLICABLE TO PENDING PROCEEDING ALSO. RELIANCE IS ALSO PLACED ON FOLLOWING JUDGMENTS IN THIS REGARD:- A) THE BOMBAY HIGH COURT IN THE CASE OF CIT VS. PIT HWA ENGG. WORKS (2005) 276 ITR 519 (BOM.) B) THE MADHYA PRADESH HIGH COURT IN THE CASE OF CI T VS. ASHOK KUMAR MANIBHAI PATEL & CO. (2009) 317 ITR 386 . C) THE DELHI HIGH COURT IN THE CASE OF CIT VS. P.S. JAIN & CO. (2011) 335 ITR 591 (DELHI). D) THE DELHI HIGH COURT IN THE CASE OF CIT VS. DEL HI RACE CLUB LTD. (IT APPEAL NO. 128 OF 2008, DATED 03.03.2 011). E) THE BOMBAY HIGH COURT IN CIT VS. MADHUKAR K. INAMDAR (HUF) (2009) 318 ITR 149/185 TAXMAN 101 (BO M). F) HIGH COURT KARNATAKA IN CIT VS. RANKA & RANKA (2 012) 19 TAXMANN.COM 65 (KAR.) 5. THAT THE APPEAL FILED BY THE DEPARTMENT MAY BE D ISMISSED ON THE GROUND OF MONETARY LIMIT. IT MAY BE MENTIONED H ERE THAT THERE IS NO SIMILAR ISSUE INVOLVED IN ANY OF YEARS IN THE CA SE OF THE ASSESSEE. SD/- RESPONDENT THROUGH C.A. SANJEEV MEHRA AUTHORISED REPRESENTATIVE 3. ON THE OTHER HAND, LD. D.R. RELIED ON THE ORDER PASSED BY THE ASSESSING OFFICER. ITA NO.395(ASR)/2010 ASSESSMENT YEAR : 2004-05 3 4. WE HAVE HEARD THE BOTH PARTIES ON THE PRELIMINAR Y OBJECTIONS RAISED BY THE LD. COUNSEL FOR THE ASSESSEE AS WELL AS IMPU GNED ORDER, THE ORDERS PASSED BY THE HIGH COURTS MENTIONED IN THE PRELIMIN ARY OBJECTIONS REPRODUCED ABOVE ALONGWITH CBDTS INSTRUCTION NO. 3 OF 2011, DATED 09 TH FEBRUARY, 2011. WE ARE OF THE CONSIDERED OPINION T HAT THE INSTRUCTION OF CBDT IS BINDING UPON THE DEPARTMENT AND THE PRESENT APPEAL HAS BEEN FILED CONTRARY TO THE SAID INSTRUCTION. THEREFORE, THE AP PEAL FILED BY THE REVENUE IS DISMISSED AS NOT MAINTAINABLE. ORDER PRONOUNCED IN THE OPEN COURT ON 17 TH APRIL, 2012. SD/- SD/- (B.P. JAIN) (H.S. SIDHU) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 17 TH APRIL, 2012 /LALIT/ COPY OF THE ORDER IS FORWARDED TO : 1. THE ASSESSEE: SH. SATISH KAPOOR, AMRITSAR 2. THE ACIT, CIRCLE V, AMRITSAR 3. THE CIT(A), AMRITSAR. 4. THE CIT-II, AMRITSAR 5. THE SR DR, ITAT, ASR. TRUE COPY BY ORDER (ASSISTANT REGISTRAR) INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH : AMRITSAR