ITO, Moradabad V. M/s. Kalika Marble & Home Creation, Moradabad

ITA 4089/DEL/2013

• Counselvise Citation: [2015] 120 COUNSELVISE.COM (IT) 8827 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 7 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-02-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 03-02-2015
• Assessment Year: 2009-2010
• Appeal Filed On: 03-07-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: GAURAV DUDEJA
• Keywords: Tax effect

Judgement Text

ITA 4089/DEL/2013 ASSTT.YEAR: 2009-10 1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH DNEW DELHI BEFORE SHRI J.S. REDDY, ACCOUNTANT MEMBER AND SHRI CHANDRAMOHAN GARG, JUDICIAL MEMBER ITA NO. 4089/DEL/2013 ASSTT.YEAR: 2009-10 INCOME TAX OFFICER, VS M/S KALIKA MARBLE & HOME CREATION, WARD-1(1), OPP. MANSAROVER CO LONY, MORADABAD. DELHI ROAD, MORADABAD. (PAN: AAHFK2420M) (APPELLANT) (RESPONDENT) APPELLANT BY: SHRI GAURAV DUDEJA, SR. DR RESPONDENT BY: SHRI PIYUSH KAUSHIK , A DV. O R D E R PER C.M. GARG, JUDICIAL MEMBER THIS APPEAL HAS BEEN PREFERRED BY THE REVENUE AGAI NST THE ORDER OF THE CIT(A)- BAREILLY DATED 3.4.2013 IN APPEAL NO.1121/A DDL.CIT-R.I/MBD/11-12 FOR AY 2009-10. 2. WE HAVE HEARD ARGUMENTS OF BOTH THE SIDES AND CA REFULLY PERUSED THE RELEVANT MATERIAL PLACED ON RECORD. LD. COUNSEL OF THE ASSESSEE PLACED CALCULATION OF TAX EFFECT AND SUBMITTED THAT TOTAL TAX EFFECT IN THIS CASE IS RS.3,09,000 AND IN VIEW OF THE RECENT INSTRUCTION N O.5/2014 ISSUED BY CBDT ON 10.7.2014 REVISING THE LIMITATION FOR FILING OF APP EAL BEFORE ITAT FIXING THE TAX EFFECT LIMIT AT RS. 4 LAKH, THE APPEAL OF THE REVEN UE IS NOT MAINTAINABLE AND ITA 4089/DEL/2013 ASSTT.YEAR: 2009-10 2 LIABLE TO BE DISMISSED IN LIMINE. ON SPECIFIC QUE RY FROM THE BENCH, LD. DR FAIRLY ACCEPTED THAT TOTAL TAX EFFECT IN THIS APPEA L IS RS. 3,09,000 WHICH IS LESS THAN RS. 4 LAKH. 3. LD. COUNSEL OF THE ASSESSEE PLACING RELIANCE ON THE RECENT DECISION OF CIT VS M/S P.S. JAIN AND CO. DATED 2.8.2010 IN ITR 179/ 1991 SUBMITTED THAT THE RECENT BOARD INSTRUCTION REVISING THE MONETARY LIMI T TO RS. 4 LAKH FOR FILING THE APPEAL BEFORE THE ITAT ON INCOME TAX MATTERS IS VER Y MUCH APPLICABLE TO THE OLD REFERENCES WHICH ARE STILL PENDING UNDECIDED BE FORE THE TRIBUNAL. LD. DR FAIRLY ACCEPTED THAT THE BOARD INSTRUCTION NO. 5/20 14 ISSUED BY CBDT ON 10.7.2014 IS APPLICABLE TO THE PRESENT CASE. 4. IN VIEW OF ABOVE NOTED SUBMISSIONS OF BOTH THE S IDES, WE ARE INCLINED TO HOLD THAT THERE IS NO JUSTIFICATION TO PROCEED WITH THE CASES HAVING TAX EFFECT OF LESS THAN RS. 4 LAKH. IN VIEW OF ABOVE, RESPECTFUL LY FOLLOWING THE DECISION OF HONBLE JURISDICTIONAL HIGH COURT OF DELHI IN THE C ASE OF CIT VS M/S P.S. JAIN & CO. (SUPRA), WE HOLD THAT THIS BEING A LOW TAX EF FECT CASE, THE APPEAL OF THE REVENUE DESERVES TO BE DISMISSED AND WE DISMISS THE SAME IN LIMINE WITHOUT GOING INTO MERITS. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ITA 4089/DEL/2013 ASSTT.YEAR: 2009-10 3 ORDER PRONOUNCED IN THE OPEN COURT ON 9.2.2015. SD/- SD/- ( J.S. REDDY ) (CHANDRAMOHAN GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER DT. 9TH FEBRUARY 2015 GS COPY FORWARDED TO:- 1. APPELLANT 2. RESPONDENT 3. CIT(A) 4. CIT 5. DR BY ORDER ASSTT. REGISTRAR