DCIT, New Delhi V. M/s. Roop Polymers Ltd., Delhi

ITA 4103/DEL/2010

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 91339 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 10 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-07-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Next Hearing Date: 01-07-2015
• Assessment Year: 2001-2002
• Appeal Filed On: 06-09-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIKRAM SAHAY
• Assessee Lawyers: CHANDER SHEKHAR
• Keywords: Tax effect

Judgement Text

ITA NO. 4103/DEL/2010 ASSTT.YEAR: 2001-02 1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH F, NEW DELHI BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTAN T MEMBER AND SHRI C.M. GARG, JUDICIAL MEMBE R ITA NO. 4103/DEL/2010 ASSTT. YEAR: 2001-02 DCIT, CIRCLE 15(1) VS. M/S ROOP POLYMERS LTD., C.R.BLDG., IP ESTATE 2740/33, HASAN BUILDING, 2 ND FLOOR, NEW DELHI. KASHMERE GATE, DELHI-11000 6 (PAN: AAACR5365C) (APPELLANT) (RESPONDENT) APPELLANT BY : SH. VIKRAM SAHAY, SR. D .R. RESPONDENT BY : SHRI CHANDER SHEKHAR, CA ORDER PER CHANDRAMOHAN GARG, MEMBER THIS APPEAL IS FILED BY THE REVENUE AGAINST THE ORDER DATED 03.05.2010 OF LD.CIT(A)-XVIII, NEW DELHI PERTAINING TO THE A SSESSMENT YEAR 2001-02. 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 LESS THAN RS. 4 LAKH AND IN VIEW OF THE RECENT INSTRUCTI ON NO.5/2014 ISSUED BY CBDT ON 10.7.2014 REVISING THE LIMITATION FOR FILING OF APPEAL BEFORE ITAT FIXING THE TAX EFFECT LIMIT AT RS. 4 LAKH, THE APPEAL OF THE R EVENUE IS NOT MAINTAINABLE AND ITA NO. 4103/DEL/2010 ASSTT.YEAR: 2001-02 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 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 NO. 4103/DEL/2010 ASSTT.YEAR: 2001-02 3 ORDER PRONOUNCED IN THE OPEN COURT ON 07/07/2015. SD/- SD/- ( J.S. REDDY ) (CHANDRAMOHAN GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER DT. 07TH JULY 2015 GS COPY FORWARDED TO:- 1. APPELLANT 2. RESPONDENT 3. CIT(A) 4. CIT 5. DR BY ORDER ASSTT. REGISTRAR