DCIT, New Delhi V. M/s. Amarjyoti India Pvt. Ltd., New Delhi

ITA 5379/DEL/2014

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 91468 (ITAT-DELHI)
• Duration Of Justice: 9 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-07-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC 2
• Next Hearing Date: 13-07-2015
• Assessment Year: 2007-2008
• Appeal Filed On: 01-10-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MANOJ KR CHOPRA
• Keywords: Reasonable cause; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH SMC - II , NEW DELHI BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER ITA NO. 5379 /DEL/2014 ASSESSMENT YEAR : 2007 - 08 APPELLANT BY : SH. MANOJ KR. CHOPRA, SR. DR RESPONDENT BY : NONE DATE OF HEARING : 13.07.2015 DATE OF PRONOUNCEMENT : 16 .07.2015 ORDER THIS APPEAL IS FILED BY THE REVENUE AGAINST THE O RDER DATED 18.07.2014 OF LD.CIT(A) - IV, NEW DELHI PERTAINING TO THE ASSESSMENT YEAR 2007 - 08. 2. THE GROUNDS RAISED BY THE REVENUE ARE AS UNDER: 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AS WELL AS IN LAW, THE LD CIT(A) HAS ERRED IN DELETING THE PENALTY U/S 272A(2)(K) OF THE ACT ON ACCOUNT OF LATE FILING OF STATEMENT IN FORM 24Q AND 26Q FOR ALL QUARTER OF FINANCIAL YEAR 2007 - 08. 2. TH E APPELLANT IS A RENOWNED PUBLIC BROADCASTER AND HAVE SUFFICIENT FINANCIAL AND TECHNICAL SUPPORT. THEREFORE, THE LEARNED CIT(A) HAS ERRED IN HOLDING THAT THERE WAS REASONABLE CAUSE FOR FILING THE STATEMENT BELATEDLY DUE TO IN ADEQUATE TECHNICAL PERSONA AND REGULAR CHANGE OF STAFF. 3. NONE WAS PRESENT ON BEHALF OF THE RESPONDENT. WE DISPOSE OFF THIS CASE EX - PARTE. WE HAVE HEARD SH. MANOJ KR. CHOPRA, SR. DR ON BEHALF OF THE ASSESSEE. ON A QUERY FROM THE BENCH THE LD.D.R. VEHEMENTLY CONTENDED THAT THE TAX E FFECT IN THE CASE ON HAND IS MORE THAN THE LIMIT PRESCRIBED BY THE CBDT AT THE TIME OF FILING OF THE APPEAL AND THAT THE FRESH CIRCULAR OF THE CBDT CLEARLY MENTIONS THAT THE TAX EFFECT LIMIT OF RS.4 LAKHS IS PROSPECTIVE IN NATURE AND HENCE THE LIMITS PRESC RIBED IN THE CIRCULAR CANNOT BE APPLIED TO APPEALS DCIT, CIRCLE - 1(1) NEW DELHI VS. AMARJYOTI INDIA PVT. LTD., K - 27, MANDIR WALI GALI, 3 RD FLOOR, BEHIND INDUS VALLEY SCHOOL, MAHIPALPUR EXTN, NEW DELHI PAN:AAACA8249A (APPELLANT) (RESPONDENT) PAGE 2 OF 2 FILED FOR THE EARLIER ASSESSMENT YEARS I.E. 2008 - 09. IT CONTENDED THAT THE LIMIT APPLIES TO APPEALS FILED AFTER THE DATE OF THE CIRCULAR. 4. AFTER HEARING THE LD.SR.D.R. AND PERUSING THE MATERIAL ON RECOR D WE HOLD AS FOLLOWS. THE TRIBUNAL, IN THE CASE OF DCIT VS. SUSHILA SARAOGI (2014) (11) TMI 294 ITAT KOLKATA, AFTER CONSIDERING THE PRECEDENTS ON THE SUBJECT, HELD THAT THE INSTRUCTION NO.5/14, ISSUED BY THE CBDT ON 10.7.2014 IS APPLICABLE TO THE PENDIN G APPEALS. THE TRIBUNAL FOLLOWED THE PROPOSITION LAID DOWN IN THE JUDGEMENTS OF VARIOUS HIGH COURTS, INCLUDING THE TWO JUDGEMENTS OF THE JURISDICTIONAL HIGH COURT IN THE CASE OF CIT VS. M/S PS JAIN & CO. IN ITA 179/1991 DT. 2.8.2010 AND IN THE CASE OF CIT VS. DELHI RACE CLUB LTD. DT. 3.3.2011. WE RESPECTFULLY FOLLOW THE CO - ORDINATE BENCH ORDER. IN THE INSTANT CASES, AS THE TAX EFFECT BEING BELOW RS. 4 LACS, WE WITHOUT G OING INTO THE ISSUE ON MERITS, DISMISS THE APPEALS OF THE REVENUE IN LIMINE AS NOT MAINT AINABLE. IT IS TO BE MENTIONED THAT THE LD. SR.DR WAS UNABLE TO POINT OUT ANY EXCEPTIONAL CIRCUMSTANCES, MENTIONED IN BOARD INSTRUCTION NO.5 OF 2014 THAT HAVE LED TO FILING OF THIS APPEAL, DESPITE THE FACT THAT THE MONETARY LIMIT BEING BELOW THE PRESC RIBED LIMIT. 5. IN THE RESULT THE APPEAL FILED BY THE REVENUE STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 1 6 T H JULY, 2015 . - S D / - ( J. SUDHAKAR REDDY ) ACCOUNTANT MEMBER DATED: 1 6 T H JULY, 2015 AKK COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT TRUE COPY BY ORDER, ASSISTANT REGISTRAR