ACIT, Ghaziabad V. M/s. Shiva Forgings, Ghaziabad

ITA 518/DEL/2012

• Counselvise Citation: [2015] 121 COUNSELVISE.COM (IT) 0196 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 4 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-06-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 19-05-2015
• Assessment Year: 2006-2007
• Appeal Filed On: 02-02-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: B R R KUMAR
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH G NEW DELHI BEFORE SHRI S.V. MEHROTRA : ACCOUNTANT MEMBER AND SHRI A.T. VARKEY: JUDICIAL MEMBER ITA NO. 518/DEL/2012 ASSTT. YR: 2006-07 ACIT CIRCLE-2, VS. M/S SHIVA FORGINGS, GHAZIABAD. PLOT NO. 1019, MEERUT ROAD, GHAZIABAD. PAN: AAWFS 0044 E ( APPELLANT ) (RESPONDENT) APPELLANT BY : SHRI KAPIL GOEL ADV. RESPONDENT BY : SHRI B.R.R. KUMAR SR. DR DATE OF HEARING : 19/05/2015. DATE OF ORDER : 11/06/2015. O R D E R PER S.V. MEHROTRA, A.M.. : THIS APPEAL, PREFERRED BY THE REVENUE, IS DIRECT ED AGAINST THE ORDER 08-11-2011 OF CIT(A) RELATING TO A.Y. 2006-07. 2. THE LEARNED COUNSEL FOR THE ASSESSEE AT THE VERY OUTSET CONTENDED THAT THE TAX EFFECT INVOLVED IN THE PRESENT APPEAL IS BELOW RS. 4 LACS AND, THEREFORE, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE IN VIEW O F RECENT CBDT INSTRUCTION, WHICH IS BINDING ON THE DEPARTMENT. 3. ON THE OTHER HAND, THE LEARNED DR CONTENDED THA T THE APPEAL SHOULD NOT BE DISMISSED ON ACCOUNT OF TAX EFFECT ONLY. 4. WE HAVE HEARD RIVAL SUBMISSIONS OF THE PARTIES A ND PERUSED THE ENTIRE MATERIAL ON RECORD. AS PER RECENT CBDT INSTRUCTION NO. 5/2014 DATED 10-7-2014, 2 THE MONETARY LIMIT FOR FILING APPEAL BY THE DEPARTM ENT BEFORE THE ITAT HAS BEEN REVISED TO RS. 4 LACS. THUS, THE DEPARTMENTAL APPE AL, INVOLVING TAX EFFECT BELOW RS. 4 LACS, IS NOT MAINTAINABLE BEFORE THE ITAT. 4.1. THE HONBLE JURISDICTIONAL DELHI HIGH COURT IN THE CASE OF CIT VS. DELHI RACE CLUB LTD. IN ITA NO. 128/2008, ORDER DATED 03. 03.2011, BY FOLLOWING THE EARLIER ORDER DATED 02.08.2010 IN ITA NO. 179/1991 IN THE CASE OF CIT DELHI-III VS. M/S P.S. JAIN & CO., HAS HELD THAT SUCH INSTRUCTIO N/ CIRCULAR WOULD ALSO BE APPLICABLE TO PENDING CASES. 4.2. ADMITTEDLY THE TAX EFFECT INVOLVED IN THE PRES ENT APPEAL IS BELOW RS. 4 LAKHS. THEREFORE, IN VIEW OF THE REVISED INSTRUCTION OF T HE CBDT, REFERRED TO ABOVE, AND THE HONBLE JURISDICTIONAL HIGH COURTS DECISION I N THE CASE OF DELHI RACE CLUB LTD., SUPRA, THE DEPARTMENTAL APPEAL IS NOT MAINTA INABLE. 5. IN THE RESULT, DEPARTMENTAL APPEAL IS DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON 11/06/2015. SD/- SD/- (A.T. VARKEY ) (S.V. MEHROTRA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: _11/06/2015. *MP* COPY OF ORDER TO: 1. ASSESSEE 2. AO 3. CIT 4. CIT(A) 5. DR, ITAT, NEW DELHI. 3