DCIT, New Delhi V. M/s. Siddheswari Industries Pvt. Ltd., New Delhi

ITA 4887/DEL/2013

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 74074 (ITAT-DELHI)
• Duration Of Justice: 5 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-02-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2010-2011
• Appeal Filed On: 16-08-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SHAMEER SHARMA
• Keywords: Tax effect

Judgement Text

ITA NO. 4887/DEL/2013 1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH G, NEW DELHI BEFORE SHRI A.D. JAIN, JUDICIAL MEMBER AND SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER I.T.A. NO. 4887 /DEL/201 3 A.Y. : 20 10 - 11 DCIT, CIRCLE 8(1), CR BUILDING, NEW DELHI VS. M/S SIDDESWARI INDUSTRIES PVT. LTD., 432, SITARAM APARTMENT, PLOT NO. 102, PATPARGANJ, I.P. EXTENSION, NEW DELHI (PAN: AAGCS3681L) (APPELLANT) (APPELLANT) (APPELLANT) (APPELLANT) (RESPONDENT) (RESPONDENT) (RESPONDENT) (RESPONDENT) ASSESSEE BY : SH. ANIL JAIN, ADV. DEPARTMENT BY : SH. SHAMEER SHARMA, SR. D.R. ORDER ORDER ORDER ORDER PER SHAMIM YAHYA: AM PER SHAMIM YAHYA: AM PER SHAMIM YAHYA: AM PER SHAMIM YAHYA: AM THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST TH E ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS)-XI, NEW DEL HI DATED 13.5.2013 PERTAINING TO ASSESSMENT YEAR 2010-11. 2. AT THE THRESHOLD, LD. COUNSEL OF THE ASSESSEE SU BMITTED THAT TAX EFFECT IN THIS CASE IS LESS THAN RS. 3 LACS FIXED B Y THE CBDT FOR FILING THE APPEAL BEFORE THE ITAT. HENCE, HE SUBMITTED THAT T HIS APPEAL BY THE REVENUE IS NOT MAINTAINABLE AS THE TAX EFFECT IS BE LOW THE MONETARY LIMIT OF RS. 3 LACS BEING THE MONETARY LIMIT FIXED BY THE CBDT FOR FILING ITA NO. 4887/DEL/2013 2 APPEAL BEFORE THE ITAT. LD. DR COULD NOT CONTROVERT THIS SUBMISSION BY THE LD. COUNSEL OF THE ASSESSEE. IT IS SETTLED L AW THAT CBDT GUIDELINES ARE BINDING UPON THE REVENUE. UNDER THE CIRCUMSTANCES, IN OUR CONSIDERED OPINION, THIS APPEAL IS LIABLE TO BE DISMISSED ON ACCOUNT OF TAX EFFECT. 3. IN THE RESULT, THE APPEAL FILED BY THE REVENUE STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 05/2/2014, UP ON CONCLUSION OF HEARING. SD/- SD/- [ [[ [A.D. JAIN A.D. JAIN A.D. JAIN A.D. JAIN] ]] ] [SHAMIM YAHYA] [SHAMIM YAHYA] [SHAMIM YAHYA] [SHAMIM YAHYA] JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER ACCOUNTANT MEMBER ACCOUNTANT MEMBER ACCOUNTANT MEMBER ACCOUNTANT MEMBER DATE 05/2/2014 SRBHATNAGAR SRBHATNAGAR SRBHATNAGAR SRBHATNAGAR COPY FORWARDED TO: COPY FORWARDED TO: COPY FORWARDED TO: COPY FORWARDED TO: - -- - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR, ITAT TRUE COPY BY ORDER, ASSISTANT REGISTRAR, ITAT, DELHI BENCHES