ITO, New Delhi V. Sh. Shailender SIngh Saroha, Sonepat

ITA 4618/DEL/2013

• Counselvise Citation: [2016] 121 COUNSELVISE.COM (IT) 2993 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 6 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-03-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 02-03-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 05-08-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANIMA BARNWAL SENIOR
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL DELHI DELHI DELHI DELHI BENCH BENCH BENCH BENCH G GG G : NEW DELHI : NEW DELHI : NEW DELHI : NEW DELHI BEFORE SHRI BEFORE SHRI BEFORE SHRI BEFORE SHRI G.D. AGRAWAL, VICE PRESIDENT G.D. AGRAWAL, VICE PRESIDENT G.D. AGRAWAL, VICE PRESIDENT G.D. AGRAWAL, VICE PRESIDENT AND AND AND AND SHRI SUDHANSHU SRIVASTAVA SHRI SUDHANSHU SRIVASTAVA SHRI SUDHANSHU SRIVASTAVA SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER , JUDICIAL MEMBER , JUDICIAL MEMBER , JUDICIAL MEMBER ITA NO. ITA NO. ITA NO. ITA NO.4618/DEL/2013 4618/DEL/2013 4618/DEL/2013 4618/DEL/2013 ASSESSMENT YEAR : ASSESSMENT YEAR : ASSESSMENT YEAR : ASSESSMENT YEAR : 200 200 200 2009 99 9- -- -10 1010 10 INCOME TAX OFFICER, INCOME TAX OFFICER, INCOME TAX OFFICER, INCOME TAX OFFICER, WARD WARD WARD WARD- -- -45(3), 45(3), 45(3), 45(3), NEW DELHI. NEW DELHI. NEW DELHI. NEW DELHI. VS. VS. VS. VS. S SS SHRI SHAILENDRA SINGH SAROHA, HRI SHAILENDRA SINGH SAROHA, HRI SHAILENDRA SINGH SAROHA, HRI SHAILENDRA SINGH SAROHA, VILLAGE LAHRARA, SONIPAT, VILLAGE LAHRARA, SONIPAT, VILLAGE LAHRARA, SONIPAT, VILLAGE LAHRARA, SONIPAT, HARYANA. HARYANA. HARYANA. HARYANA. PAN : ARNPS7426G. PAN : ARNPS7426G. PAN : ARNPS7426G. PAN : ARNPS7426G. (APPELLANT) (RESPONDENT) APPELLANT BY : SMT. ANIMA BARNWAL, SENIOR DR. RESPONDENT BY : NONE. DATE OF HEARING : 0 00 02 22 2.03 .03.03 .03.2016 .2016 .2016 .2016 DATE OF PRONOUNCEMENT : 03.03.2016 03.03.2016 03.03.2016 03.03.2016 ORDER ORDER ORDER ORDER PER G.D. AGRAWAL, VP PER G.D. AGRAWAL, VP PER G.D. AGRAWAL, VP PER G.D. AGRAWAL, VP : :: :- -- - THIS APPEAL BY THE REVENUE FOR THE ASSESSMENT YEAR 2009- 10 IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(A)-X XX, NEW DELHI DATED 31 ST MAY, 2013. 2. AT THE TIME OF HEARING BEFORE US, NONE APPEARED ON BEHALF OF THE ASSESSEE-RESPONDENT. THIS APPEAL OF THE REV ENUE IS, THEREFORE, BEING DISPOSED OF EX-PARTE QUA THE ASSESS EE- RESPONDENT AFTER HEARING THE ARGUMENTS OF LEARNED D R. 2. WE HAVE HEARD THE ARGUMENTS OF LEARNED DR AND HA VE PERUSED RELEVANT MATERIAL PLACED BEFORE US. IT IS OBSERVED THAT THE TAX EFFECT IN THE PRESENT APPEAL OF THE REVENUE IS BELOW `10 LAKHS. AS PER CIRCULAR NO.21/2015 DATED 10 TH DECEMBER, 2015, ITA-4618/DEL/2013 2 THE CBDT HAS CLEARLY LAID DOWN THAT THE REVENUE SHO ULD NOT PREFER APPEALS BEFORE THE ITAT IF THE TAX EFFECT IN VOLVED IN THE APPEAL, EXCLUDING INTEREST, IS LESS THAN `10 LAKHS. IN VIEW THEREOF, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE AND IS DISMISSED. 3. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. DECISION PRONOUNCED IN THE OPEN COURT ON 03.03.2016 . SD/- SD/- (SUDHANSHU SRIVASTAVA (SUDHANSHU SRIVASTAVA (SUDHANSHU SRIVASTAVA (SUDHANSHU SRIVASTAVA) )) ) ( (( (G.D. AGRAWAL G.D. AGRAWAL G.D. AGRAWAL G.D. AGRAWAL) )) ) JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT VK. COPY FORWARDED TO: - 1. APPELLANT : INCOME TAX OFFICER, WARD INCOME TAX OFFICER, WARD INCOME TAX OFFICER, WARD INCOME TAX OFFICER, WARD- -- -45(3), NE 45(3), NE 45(3), NE 45(3), NEW DELHI. W DELHI. W DELHI. W DELHI. 2. RESPONDENT : SHRI SHAILENDRA SINGH SAROHA, SHRI SHAILENDRA SINGH SAROHA, SHRI SHAILENDRA SINGH SAROHA, SHRI SHAILENDRA SINGH SAROHA, VILLAGE LAHRARA, SONIPAT, HARYANA. VILLAGE LAHRARA, SONIPAT, HARYANA. VILLAGE LAHRARA, SONIPAT, HARYANA. VILLAGE LAHRARA, SONIPAT, HARYANA. 3. CIT 4. CIT(A) 5. DR, ITAT ASSISTANT REGISTRAR