ACIT, New Delhi V. M/s. Smart Trust Infosolutions (P) Ltd, New Delhi

ITA 4172/DEL/2009

• Counselvise Citation: [2010] 119 COUNSELVISE.COM (IT) 5603 (ITAT-DELHI)
• Duration Of Justice: 4 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-03-2010
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 12-12-2013
• Assessment Year: 2005-2006
• Appeal Filed On: 23-10-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: GAJANAND MEENA
• Assessee Lawyers: SANJEEV GUPTA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH G : NEW DELHI BEFORE SHRI C.L.SETHI, JM AND SHRI R.C.SHARMA, AM ITA NO.4172/DEL/2009 ASSESSMENT YEAR : 2005-06 ASSTT.COMMISSIONER OF INCOME TAX, CIRCLE-9(1), NEW DELHI. VS. M/S SMART TRUST INFOSOLUTIONS (P) LTD., W-129, GROUND FLOOR, GREATER KAILASH, PART-II, NEW DELHI 110 048. PAN NO.AAICS3801J. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI GAJANAND MEENA, CIT-DR. RESPONDENT BY : SHRI SANJEEV GUPTA. ORDER PER R.C.SHARMA, AM : THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF CIT(A) DATED 26.8.2009 FOR THE AY 2005-06. 2. AS PER THE GROUND OF APPEAL RAISED BY THE REVENU E, THE TAX EFFECT IN THE APPEALS SO FILED WORKS OUT TO BE LESS THAN RS.2 LAK HS. RELYING ON THE DECISION OF DELHI D' BENCH OF ITAT IN THE CASE OF ACIT VS. MOH D.NASIR RENDERED VIDE ITS ORDER DATED 13.12.2006 IN IT(SS) A.NO.415/DEL/2004, THE LEARNED AR HAS CONTENDED THAT THIS APPEAL FILED BY THE REVENUE BEI NG CONTRARY TO THE BOARDS CIRCULAR, THE SAME IS NOT MAINTAINABLE. IT IS OBSE RVED THAT THE APPEAL FILED BY THE REVENUE IN THE SAID CASE INVOLVING A TAX EFFECT OF LESS THAN RS.2 LAKHS WAS DISMISSED BY THE TRIBUNAL TREATING THE SAME TO BE N OT MAINTAINABLE RELYING, INTER ALIA , ON THE DECISION OF CALCUTTA SPECIAL BENCH OF ITAT IN THE CASE OF JCIT VS. PEERLESS DEVELOPERS PVT.LTD. 103 ITD 349 AND THAT OF DELHI A BENCH OF ITAT IN THE CASE OF ACIT VS. SATISH CHAND JAIN 10 SOT 383. TO THE SIMILAR EFFECT ALSO IS THE DECISION OF HON'BLE DELHI HIGH COURT IN THE CASE OF CIT VS. PRADEEP ITA-4172/DEL/2009 2 KUMAR GUPTA 207 CTR 115 WHEREIN IT HAS BEEN HELD THAT THE TAX EFFECT INVOLVED IN THE APPEAL OF THE REVENUE FILED BEFORE THE HONB LE HIGH COURT BEING LESS THAN THE MONETARY LIMIT PRESCRIBED IN THE BOARDS CIRCUL AR, THE SAME WAS NOT MAINTAINABLE. RESPECTFULLY FOLLOWING THESE JUDICIA L PRONOUNCEMENTS, WE DISMISS THIS APPEAL FILED BY THE REVENUE AT THE THRESHOLD T REATING THE SAME AS NOT MAINTAINABLE. 3. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. DECISION PRONOUNCED IN THE OPEN COURT ON CONCLUSIO N OF HEARING ON 18 TH MARCH, 2010. SD/- SD/- (C.L.SETHI) (R.C.SHARMA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 18.03.2010. VK. COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT DEPUTY REGISTRAR