ITO, New Delhi V. Sh. Rajesh Sharma, New Delhi

ITA 4639/DEL/2011

• Counselvise Citation: 463920114 RSA 2011
• Duration Of Justice: 3 year(s) 7 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-06-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Next Hearing Date: 02-06-2015
• Assessment Year: 2006-2007
• Appeal Filed On: 20-10-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIKRAM SAHAY
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH F NEW DELHI) BEFORE SHRI I.C. SUDHIR AND SHRI J.S. REDDY ITA NO. 4639/DEL/2011 ASSESSMENT YEAR: 2006-07 INCOME-TAX OFFICER, VS. RAJESH SHARMA, WARD 26(1), 40-FIRST FLOOR, NEW DELHI. RAJA GARDEN, NEW DELHI. (PAN: ANXPS2862E) (APPELLANT) (RESPONDENT) DEPARTMENT BY: SHRI VIKRAM SAHAY, SR. DR ASSESSEE BY: NONE DATE OF HEARING : 02.06.2015 DATE OF PRONOUNCEMENT: 17:06.2015 ORDER PER I.C. SUDHIR: JUDICIAL MEMBER IN THE PRESENT APPEAL, WE FIND THAT THE REVENUE HA S QUESTIONED DELETION OF PENALTY LEVIED UNDER SEC. 271(1)(C) OF THE INCOME-TAX ACT, 1961 AT RS.3,50,812 BY THE LEARNED CIT(APPEALS). THE TA X EFFECT THEREOF IS BELOW RS.4 LACS. AS PER THE LATEST CBDT INSTRUCTION NO. 5 /2014 DATED 10.7.2014, THE REVENUE IS NOT SUPPOSED TO PREFER APPEAL HAVING TAX EFFECT BELOW RS. 4 LACS AGAINST THE FIRST APPELLATE ORDER BEFORE THE I TAT. THIS INSTRUCTION REGARDING THE PECUNIARY LIMIT FOR PREFERRING THE AP PEAL BEFORE THE ITAT BY THE REVENUE HAS NOW STATUTORY FORCE UNDER SEC. 268A OF THE INCOME-TAX ACT, 1961. THUS, PRESENT APPEAL HAS BEEN PREFERRED BY TH E REVENUE IN VIOLATION OF THE SAID INSTRUCTION AS THE SAID INSTRUCTION IS ALS O APPLICABLE IN THE PENDING 2 APPEALS AS PER THE DECISIONS OF HONBLE JURISDICTIO NAL DELHI HIGH COURT IN THE CASE OF CIT VS. M/S. P.S. JAIN & CO. IN ITA NO. 179/1991 DATED 02.08.2010 AND IN THE CASE OF CIT VS. DELHI RACE CL UB LTD. ORDER DATED 03.03.2011.THE PRESENT APPEAL IS THUS NOT MAINTAINA BLE AND IT IS DISMISSED AS SUCH. 2. IN RESULT, THE APPEAL IS DISMISSED. DECISION PRONOUNCED IN THE OPEN COURT ON 17.06.2015 SD/- SD/- ( J.S.REDDY ) ( I.C. SUDHIR ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 17 /06/2015 MOHAN LAL COPY FORWARDED TO: 1) APPELLANT 2) RESPONDENT 3) CIT 4) CIT(APPEALS) 5) DR:ITAT ASSISTANT REGISTRAR 3 DATE DRAFT DICTATED ON COMPUTER 17 .06.2015 DRAFT PLACED BEFORE AUTHOR 17. 06.2015 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER 17.06.2015 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. APPROVED DRAFT COMES TO THE SR.PS/PS 18.06.2015 KEPT FOR PRONOUNCEMENT ON 17.06.2015 FILE SENT TO THE BENCH CLERK 19.06.2015 DATE ON WHICH FILE GOES TO THE AR DATE ON WHICH FILE GOES TO THE HEAD CLERK. DATE OF DISPATCH OF ORDER.