ACIT, New Delhi V. Shri Navin Kumar Sharma Prop., New Delhi

ITA 4961/DEL/2011

• Counselvise Citation: 496120114 RSA 2011
• Duration Of Justice: 2 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-01-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Next Hearing Date: 10-01-2012
• Assessment Year: 2002-2003
• Appeal Filed On: 08-11-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R S NEGI
• 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 BENCH DELHI BENCH DELHI BENCH DELHI BENCH E EE E : NEW DELHI : NEW DELHI : NEW DELHI : NEW DELHI BEFORE SHRI G.D.AGRAWAL, VICE PRESIDENT AND BEFORE SHRI G.D.AGRAWAL, VICE PRESIDENT AND BEFORE SHRI G.D.AGRAWAL, VICE PRESIDENT AND BEFORE SHRI G.D.AGRAWAL, VICE PRESIDENT AND SHRI RAJPAL YADAV, JUDICIAL MEMBER SHRI RAJPAL YADAV, JUDICIAL MEMBER SHRI RAJPAL YADAV, JUDICIAL MEMBER SHRI RAJPAL YADAV, JUDICIAL MEMBER ITA NO.4961/DEL/2011 ITA NO.4961/DEL/2011 ITA NO.4961/DEL/2011 ITA NO.4961/DEL/2011 ASSESSMENT YEAR : 2002 ASSESSMENT YEAR : 2002 ASSESSMENT YEAR : 2002 ASSESSMENT YEAR : 2002- -- -03 0303 03 ASSTT.COMMISSIONER OF ASSTT.COMMISSIONER OF ASSTT.COMMISSIONER OF ASSTT.COMMISSIONER OF INCOME TAX, INCOME TAX, INCOME TAX, INCOME TAX, CIRCLE CIRCLE CIRCLE CIRCLE- -- -24(1), 24(1), 24(1), 24(1), NEW DELHI. NEW DELHI. NEW DELHI. NEW DELHI. VS. VS. VS. VS. SHRI NAVIN KUMAR SHARMA, SHRI NAVIN KUMAR SHARMA, SHRI NAVIN KUMAR SHARMA, SHRI NAVIN KUMAR SHARMA, PROP. SAMRAT PUBLICITY, PROP. SAMRAT PUBLICITY, PROP. SAMRAT PUBLICITY, PROP. SAMRAT PUBLICITY, 5, VASANT ENCLAVE, 5, VASANT ENCLAVE, 5, VASANT ENCLAVE, 5, VASANT ENCLAVE, NEW DELHI NEW DELHI NEW DELHI NEW DELHI 110 057. 110 057. 110 057. 110 057. PAN : PAN : PAN : PAN : AABPS4238H. AABPS4238H. AABPS4238H. AABPS4238H. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI R.S.NEGI, SR.DR. RESPONDENT BY : SHRI SANJAY KUMAR, CA. ORDER ORDER ORDER ORDER PER G.D.AGRAWAL, PER G.D.AGRAWAL, PER G.D.AGRAWAL, PER G.D.AGRAWAL, VP VP VP VP : :: : THIS APPEAL OF THE REVENUE IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(A) DATED 18 TH AUGUST, 2011 FOR THE AY 2002-03. 2. AT THE OUTSET, THE LEARNED COUNSEL FOR THE ASSES SEE CONTENDS THAT AS PER CENTRAL BOARD OF DIRECT TAXES, INSTRUCTION N O.3/2011 DATED 09 TH FEBRUARY, 2011, THE REVISED LIMIT FOR PREFERRING RE VENUES APPEALS HAS BEEN INCREASED FROM `2 LACS TO ` 3 LACS. THAT THE TAX EFFECT IN THE PRESENT REVENUES APPEAL IS ` 2,57,072/- WHICH IS BELOW THE PRESCRIBED LIMIT OF `3 LACS. IN VIEW THEREOF, THE REVENUES AP PEAL MAY BE DISMISSED AS THE TAX EFFECT BEING BELOW THE PRESCRIBED LIMIT. 3. THE LEARNED DEPARTMENTAL REPRESENTATIVE AGREES T O THE TAX CALCULATION FURNISHED BY THE ASSESSEE. 4. WE HAVE HEARD BOTH SIDES. THE CBDT, VIDE ABOVE I NSTRUCTION HAS CLEARLY LAID DOWN THAT THE REVENUE SHOULD NOT PREFE R APPEALS AGAINST ITA-4961/DEL/2011 2 ASSESSEES BEFORE ITAT IF THE TAX EFFECT INVOLVED IN THE APPEAL, EXCLUDING INTEREST, IS LESS THAN `3 LACS. THE TAX P AYABLE IN THE PRESENT APPEAL BEING BELOW `3 LACS, THE REVENUES APPEAL IS DISMISSED AS NOT MAINTAINABLE IN VIEW OF CBDT INSTRUCTION. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. DECISION PRONOUNCED IN THE OPEN COURT ON CONCLUSION OF HEARING ON 10 TH JANUARY, 2012. SD/- SD/- (RAJPAL YADAV (RAJPAL YADAV (RAJPAL YADAV (RAJPAL YADAV) )) ) (G.D.AGRAWAL (G.D.AGRAWAL (G.D.AGRAWAL (G.D.AGRAWAL) )) ) JUDICIAL JUDICIAL JUDICIAL JUDICIAL MEMBER MEMBER MEMBER MEMBER VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT DATED : 10.01.2012 VK. COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT ASSISTANT REGISTRAR