ITO- 1(2), Haldwani V. M/s. Polytec, Haldwani

ITA 5024/DEL/2015

• Counselvise Citation: 502420114 RSA 2015
• Duration Of Justice: 4 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-12-2015
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: SMC 2
• Next Hearing Date: 15-09-2015
• Assessment Year: 2012-2013
• Appeal Filed On: 06-08-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: GAURAV DUDE S
• Assessee Lawyers: SAUBHAGYA AGARWAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH SMC-2 NEW DELHI) BEFORE SHRI I.C. SUDHIR: HONBLE JUDICIAL MEMBER ITA NO. 5024/DEL/2015 ASSESSMENT YEAR: 2012-13 ITO-1(2), VS. POLYTEC, HALDWANI. PLOT NO. A-14, MAHAVEER IND. ESTATE, VILL. PADLIPUR, MOTAHALDU, HALDWANI. (PAN: AAKFC4447L) (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI SAUBHAGY A AGARWAL, ADV. DEPARTMENT BY: SHRI GAURAV DUDE S, SR. DR DATE OF HEARING : 15.09.2015 DATE OF PRONOUNCEMENT: 11:12.2015 ORDER THE REVENUE HAS QUESTIONED FIRST APPELLATE ORDER O N THE GROUND THAT THE LEARNED CIT(APPEALS) HAS ERRED IN HOLDING THAT SALES OF SCRAP WAS PROFIT AND GAINS DERIVED FROM MANUFACTURING PROCESS. 2. AT THE OUTSET OF HEARING, THE LEARNED AR RAISED A PRELIMINARY OBJECTION AGAINST THE MAINTAINABILITY OF THE PRESEN T APPEAL HAVING TAX EFFECT BELOW RS.4 LACS AS PER THE CBDT INSTRUCTION NO. 5 D ATED 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 ITAT. THIS INSTRUCTION REGARDING THE PECUNIARY LIMIT FOR PREFERRING THE APPEAL BEFOR E THE ITAT BY THE REVENUE HAS NOW STATUTORY FORCE UNDER SEC. 268A OF THE INCO ME-TAX ACT, 1961. THUS, 2 PRESENT APPEAL HAS BEEN PREFERRED BY THE REVENUE IN VIOLATION OF THE SAID INSTRUCTION AS THE SAID INSTRUCTION IS ALSO APPLICA BLE IN THE PENDING APPEALS AS PER THE DECISIONS OF HONBLE JURISDICTIONAL DELHI H IGH COURT IN THE CASE OF CIT VS. M/S. P.S. JAIN & CO. IN ITA NO. 179/1991 DA TED 02.08.2010 AND IN THE CASE OF CIT VS. DELHI RACE CLUB LTD. ORDER DA TED 03.03.2011.THE PRESENT APPEAL IS THUS NOT MAINTAINABLE AND IT IS D ISMISSED AS SUCH. 3. IN RESULT, THE APPEAL IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 11.12.2015. SD/- ( I.C. SUD HIR ) JUDICIAL MEMBER DATED: 11 /12/2015 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 11.12.2015 DRAFT PLACED BEFORE AUTHOR 11.12.2015 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. APPROVED DRAFT COMES TO THE SR.PS/PS 11.12 .2015 KEPT FOR PRONOUNCEMENT ON 11.12.2015 FILE SENT TO THE BENCH CLERK 11.12.2015 DATE ON WHICH FILE GOES TO THE AR DATE ON WHICH FILE GOES TO THE HEAD CLERK. DATE OF DISPATCH OF ORDER.