ITO, Meerut V. Kaushal Jain, Meerut

ITA 5377/DEL/2010

• Counselvise Citation: [2011] 135 COUNSELVISE.COM (IT) 0097 (ITAT-DELHI)
• Duration Of Justice: 3 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-03-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 1998-1999
• Appeal Filed On: 30-11-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A K MONGA
• Assessee Lawyers: O P SAPRA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH D DELHI BEFORE SHRI I.P. BANSAL AND SHRI K.G. BANSAL I.T.A.NO.5377(DEL)/2010 ASSESSMENT YEAR: 1998-99 INCOME-TAX OFFICER, SMT. KAUSHAL JAIN, WARD 1(3), MEERUT. VS. 127 , MAHAVIRJI NAGAR, BAGHPAT ROAD, MEERUT. PAN-AAMPJ9781B (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI A.K. MONGA, SR. DR RESPONDENT BY : S HRI O.P. SAPRA, ADVOCATE ORDER PER K.G. BANSAL : AM THE ONLY GROUND TAKEN BY THE REVENUE IN THIS APPEAL IS TO THE EFFECT THAT ON THE FACTS AND IN THE CIRCUMSTA NCES OF THE CASE, THE LD. CIT(APPEALS) ERRED IN DELETING THE ADDITION O F RS. 7,53,140/- MADE BY THE AO ON ACCOUNT OF SALE OF ASSETS, IN THE BA CKGROUND OF THE FINDING OF THE AO THAT SALE BILLS ISSUED BY M/S BISHAN CH AND MUKESH KUMAR SARRAF WERE BOGUS. 2. IN THE COURSE OF HEARING BEFORE US, IT WAS A GREED BY BOTH THE PARTIES THAT TAX EFFECT IN THIS CASE IS LESS THAN RS. 3 .00 LAKH. THE BOARD ISSUED INSTRUCTION NO. 3/2011 ON 9.2.2011 PROHIBITING T HE FILING OF APPEAL BEFORE ITA NO. 5377(DEL)/2010 2 THE TRIBUNAL IN A CASE WHERE TAX EFFECT DOES NOT EXCEED RS. 3.00 LAKH. IT IS ALSO MENTIONED THAT THE INSTRUCTION WILL APP LY TO APPEALS FILED ON OR AFTER 9.2.2011, BUT WHERE APPEALS HAVE BEEN FILED BEFOR E THIS DATE, THE MONETARY LIMIT SHALL BE GOVERNED BY THE INSTRUCTION ISSU ED ON THE SUBJECT APPLICABLE AT THE TIME OF FILING THE APPEAL. IN THIS CONNEC TION, THE LD. COUNSEL FOR THE ASSESSEE REFERRED TO THE DECISION IN THE CASE O F CIT VS. DELHI RACE CLUB LTD. IN ITA NO. 128/2008, IN WHICH IT HAS BEEN HELD THAT THE MONETARY LIMIT MENTIONED IN THE INSTRUCTION WILL BE APPLICA BLE TO PENDING CASES ALSO. THE APPEAL IN THIS CASE WAS FILED ON 30.11.20 10, PRIOR TO THE DATE OF INSTRUCTION NO. 3/2011. HOWEVER, IN VIEW OF THE JUDGMENT OF HONBLE DELHI HIGH COURT IN THE MATTER, THE INSTRUCTION APPLIES EVEN TO PENDING APPEALS AS ON 9.2.2011. THE OPERATIVE PORTION OF THE JUDGMENT IS REPRODUCED BELOW:- PRESENT: MS. PREM LATA BANSAL, SR. ADVOCATE WITH MR. DEEPAK ANAND, ADVOCATE FOR THE APPELLANT. MR. M.S. SYALI, SR. ADVOLCATE WITH MR. SATYEN SET HI AND MR. ARTA TARNA PANDA, ADVOCATE FOR THE RESPONDENT. THE TAX EFFECT INVOLVED IN THE PRESENT APPEAL IS RS. 4,65,860/-. AS PER THE RECENT GUIDELINES OF THE CBDT, APPEAL IN THOSE CASES WHERE THE TAX EFFECT IS LESS THAN RS. 10 LACS, ARE NOT TO BE ENTERTAINED. ITA NO. 5377(DEL)/2010 3 THIS COURT IN THE CASE OF COMMISSIONER OF INCOME-T AX, DELHI- III VS. M/S P.S. JAIN & CO., BEING ITA NO. 179/199 1 DECIDED ON 2 ND AUGUST, 2010 HAS TAKEN A VIEW THAT SUCH CIRCU LAR WOULD ALSO APPLY TO PENDING CASES. IN VIEW THEREOF, THIS APPEAL IS ALSO DISMISSED O N THE SAME GROUND. 3. RESPECTFULLY FOLLOWING THIS DECISION, THE A PPEAL IS DISMISSED ON ACCOUNT OF TAX EFFECT BEING LESSER THAN THE TAX EFFECT MENTIONED IN INSTRUCTION NO. 3/2011. IN VIEW OF THIS FINDING, NO COMMENTS ARE MADE ON THE MERITS OF THE APPEAL OF THE REVENUE. 4. IN THE RESULT, THE APPEAL IS DISMISSED. THE APPEAL WAS PRONOUNCED IN THE OPEN COURT ON 1 8 MARCH, 2011. SD/- SD/- (I.P. BANSAL) (K.G.BANSAL) JUDICIAL MEMBER ACCOUNTANT MEMBER DATE OF ORDER: 18TH MARCH, 2011. SP SATIA COPY OF THE ORDER FORWARDED TO:- SMT. KAUSHAL JAIN, BAGHPAT ROAD, MEERUT. ITO, WARD 1(3), NEW DELHI. CIT(A) CIT THE DR, ITAT, NEW DELHI. ASSISTANT REGISTRAR.