ITO, Uttar Pradesh V. M/s. Shiv Brick Klin Works, Uttar Pradesh

ITA 4074/DEL/2011

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 86864 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 5 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-03-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 02-03-2015
• Assessment Year: 2008-2009
• Appeal Filed On: 07-09-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B R R KUMAR
• Assessee Lawyers: PEEYUSH KAUSHIK
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : G NEW DELHI BEFORE SHRI G.D.AGRAWAL , V.P. AND SHRI GEORGE GEORGE K , J.M. ITA NO. 4074/ DEL/20 1 1 ASSESSMENT YEAR : 200 8 - 09 ITO, CHANDAUSI VS. SHIV BRICK KLIN WORKS DT. MORADABAD SAMBHAL ROAD U.P. CHANDUASI, U.P. PAN: ABAFS 3864 R (APPELLANT) (RESPONDENT ) APPELLANT BY : - SH. BRR KUMAR, SR.D.R. RESPONDENT BY : - SH. PEEYUSH KAUSHIK, ADV. O R D E R PER GEORGE GEORGE K , JUDICIAL MEMBER THIS IS AN APPEAL FILED BY THE REVENUE DIRECTED AGAINST THE ORDER OF THE LD.CIT(APPEALS) , BAREILLY DT. 31.5.2011 PERTAINING TO THE ASSESSMENT YEAR 2008 - 09, ON THE FOLLOWING GROUNDS. 1. THE CIT(A) HAS ERRED IN LAW AND UNDER THE CIRCUMSTANCES OF THE CASE IN ACCEPTING THE BOOKS OF ACCOUNTS MAINTAINED BY THE ASSESSEE WHICH WERE RIGHTLY REJECTED BY THE ASSESSING OFFICER AFTER APPLYING TH E PROVISIONS OF S.145(3) OF THE I.T.ACT, 1961. 2. THE CIT(A) HAS ERRED IN LAW AND UNDER THE CIRCUMSTANCES OF THE CASE IN ALLOWING RELIEF TO THE ASSESSEE FOR RS.10,29,792/ - WHICH WERE RIGHTLY ADDED TO THE INCOME OF THE ASSESSEE BY THE AO ON ACCOUNT OF SHORT PRODUCTION/NIKASHI OF THE BRICKS. 3. . THE CIT(A) HAS ERRED IN LAW AND UNDER THE CIRCUMSTANCES OF THE CASE IN ALLOWING RELIEF TO THE ASSESSEE FOR RS.1,17,548/ - WHICH WAS RIGHTLY ADDED BY THE AO ON ACCOUNT OF UNDER VALUATION. 4. ANY OTHER GROUND WHICH MAY BE TAKEN DURING THE CORUSE OF THE APPELLATE PROCEEDINGS. 3. AT THE VERY OUTSET, THE LD.COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE TAX EFFECT IN THE APPEAL OF THE REVENUE, IS BELOW THE PRESCRIBED LIMIT OF RS.4 2 LAKHS FOR FILING OF APPEAL BEFORE THE ITAT. THE CBDT IN ITS INSTRUCTION NO. 5/2014, PRESCRIBED THE REVISED MONETARY LIMIT FOR FILING APPEAL TO TRIBUNAL AT RS.4 LACS. IT WAS CONTENDED THAT THIS REVISED MONETARY LIMITS ARE APPLICABLE TO PENDING CASES. 4 . MR.BRR KUMAR, LD.SR.D.R. WAS HEARD ON BEHALF OF THE REVENUE. HE SUBMITTED THAT THE REVISED LIMITS ARE NOT APPLICABLE TO PENDING CASES. 5. WE HAVE HEARD RIVAL CONTENTIONS AND PERUSED THE MATERIAL ON RECORD. THE TRIBUNAL, IN THE CASE OF DCIT VS. SUS HILA SARAOGI (2014) (11) TMI 294 ITAT KOLKATA, AFTER CONSIDERING THE PRECEDENTS ON THE SUBJECT, HELD THAT THE INSTRUCTION NO.5/14, ISSUED BY THE CBDT ON 10.7.2014 IS APPLICABLE TO THE PENDING APPEALS. THE TRIBUNAL FOLLOWED THE PROPOSITION LAID DOWN I N THE JUDGEMENTS OF VARIOUS HIGH COURTS, INCLUDING THE TWO JUDGEMENTS OF THE JURISDICTIONAL HIGH COURT IN THE CASE OF CIT VS. M/S PS JAIN & CO. IN ITA 179/1991 DT. 2.8.2010 AND IN THE CASE OF CIT VS. DELHI RACE CLUB LTD. DT. 3.3.2011. WE RESPECTFULLY FO LLOW THE CO - ORDINATE BENCH ORDER. IN THE INSTANT CASE, AS THE TAX EFFECT BEING BELOW RS. 4 LACS, WE WITHOUT GOING INTO THE ISSUE ON MERIT, DISMISS THE APPEAL OF THE REVENUE IN LIMINE AS NOT MAINTAINABLE. IT IS TO BE MENTIONED THAT THE LD.DR WAS UNABLE TO POINT OUT ANY EXCEPTIONAL CIRCUMSTANCES, MENTIONED IN BOARD INSTRUCTION NO.5 OF 2014 THAT HAVE LED TO FILING OF THIS APPEAL, DESPITE THE FACT OF THE MONETARY LIMIT BEING BELOW THE PRESCRIBED LIMIT. 6 . IN THE RESULT THE REVENUE S APPEAL STANDS DISMIS SED. ORDER PRONOUNCED IN THE OPEN COURT ON 02 ND MARCH , 2015 . SD/ - SD/ - (G.D.AGRAWAL) (GEORGE GEORGE K) VICE PRESIDENT JUDICIAL MEMBER DATED: THE 02 ND MARCH, 2015 *MANGA 3 COPY OF THE ORDER FORWARDED TO: 1.APPELLANT; 2.RESPONDENT; 3.CIT; 4.CIT(A); 5.DR; 6.GUARD FILE BY ORDER ASST. REGISTRAR