ITO, New Delhi V. M/s Nikka Mal Jewellers, New Delhi

ITA 4683/DEL/2009

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 3782 (ITAT-DELHI)
• Duration Of Justice: 6 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-06-2010
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Next Hearing Date: 14-06-2010
• Assessment Year: 2006-2007
• Appeal Filed On: 11-12-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: Y P RAWLA
• Keywords: Tax effect

Judgement Text

ITA NO. 4683/DEL/2009 & CO NO. 31/DEL/2010 A.Y. 2006-07 1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH F NEW DELHI BEFORE SHRI A.D. JAIN, JUDICIAL MEMBER AND SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER I.T.A. NO. 4683/DEL/2009 A.Y. : 2006-07 INCOME TAX OFFICER, VS. M/S NIKKA MAL JEWELLERS WARD-50(2), ROOM NO. 504, 66/2253, 1 ST FLOOR, GURUDWARA ROAD, 5 TH FLOOR, AAYAKAR BHAVAN, KAROL BAGH, NEW DELHI LAXMI NAGAR, DELHI (PAN : DELN02546F) AND C.O. NO. 31/DEL/2010 (IN I.T.A. NO. 4683/DEL/2009) M/S NIKKA MAL JEWELLERS, INCOME TAX OFFICER, 66/2253, 1 ST FLOOR, GURUDWARA ROAD, WARD-50(2), ROOM NO. 504, KAROL BAGH, NEW DELHI-110 005 5 TH FLOOR, AAYAKAR BHAVAN, (PAN : DELN02546F) LAXMI NAGAR, DELHI [APPELLANT] (RESPONDENT) ASSESSEE BY : SH. Y.P. RAWLA, CA DEPARTMENT BY : SH. H.K. LAL, SR. DR PER BENCH THIS APPEAL BY THE REVENUE AND CROSS OBJECTION BY T HE ASSESSEE EMANATE OUT OF ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS) DATED 16.9.2009 AND PERTAIN TO ASSESSMENT YEAR 2006-07. 2. THE REVENUE IS IN APPEAL AGAINST THE ORDER OF TH E LD. COMMISSIONER OF INCOME TAX (APPEALS) WHEREIN THE PENALTY UNDER SEC TION 272B AMOUNTING TO RS. 10,000/- HAS BEEN DELETED BY THE LD. COMMISSIO NER OF INCOME TAX (APPEALS). AT THE THRESHOLD, WE NOTE THAT THE TAX EFFECT IN T HIS CASE IS BELOW THE LIMIT OF RS. 2 ITA NO. 4683/DEL/2009 & CO NO. 31/DEL/2010 A.Y. 2006-07 2 LACS AS FIXED BY THE CBDT FOR FILING APPEAL BEFORE THE TRIBUNAL. NO CASE HAS BEEN MADE OUT THAT ISSUE UNDER APPEAL COMES UNDER THE EX CEPTIONS, AS CARVED OUT BY THE CBDT IN STRUCTION NO. 5 DATED 16.7.2007. 3. UNDER THE CIRCUMSTANCES, THIS APPEAL BY THE REVE NUE IS DISMISSED FOR TAX EFFECT BELOW RS. 2 LAC. 4. THE CROSS OBJECTION BY THE ASSESSEE IS SUPPORTIVE OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS)S ORDER. IN VIEW OF OUR D ISMISSAL OF REVENUES APPEAL, LD. COUNSEL OF THE ASESSEE SUBMITTED THAT HE SHALL BE W ITHDRAWING THE CROSS OBJECTION. ACCORDINGLY, THE CROSS OBJECTION IS DISMI SSED AS NOT PRESSED. 5. IN THE RESULT, BOTH REVENUES APPEAL AS WELL AS ASSESSEES CROSS OBJECTION STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 14/06/2010 UP ON CONCLUSION OF HEARING. SD/- SD/- [A.D. JAIN] [SHAMIM YAHYA] JUDICIAL MEMBER ACCOUNTANT MEMBER DATE 14/06/2010 SRB COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR, ITAT TRUE COPY BY ORDER, DEPUTY REGISTRAR, ITAT, DELHI BENCHES