ITO, New Delhi V. M/s. Vrinda Plastics Pvt. Ltd., Faridabad

ITA 5402/DEL/2011

• Counselvise Citation: [2012] 119 COUNSELVISE.COM (IT) 7825 (ITAT-DELHI)
• Duration Of Justice: 7 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-07-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: H
• Next Hearing Date: 04-07-2012
• Assessment Year: 2005-2006
• Appeal Filed On: 02-12-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DR B R R KUMAR
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES: H NEW DELHI BEFORE SHRI A.D.JAIN, JUDICIAL MEMBER AND SHRI J.SUDHAKAR REDDY, ACCOUNTANT MEMBER ITA NO: 5402/DEL/2011 A.Y. : - 2005-06 I T O, WARD 17(4) VS. M/S VRINDA PLASTICS P.LTD. NEW DELHI PLOT NO.114 B, SECTOR NO.6 FARIDABAD HARYANA 121 006 PAN: AAACV 3618G (APPELLANT) (RES PONDENT) APPELLANT BY : DR.B.R.R.KUMAR, SR.D.R. RESPONDENT BY : NONE O R D E R PER J.SUDHAKAR REDDY, ACCOUNTANT MEMBER THIS IS AN APPEAL FILED BY THE REVENUE DIRECTED AG AINST THE ORDER OF THE CIT(A)-XIX, NEW DELHI DT. 01.09.2011 FOR THE A.Y. 2005-2006 ON THE FOLLOWING GROUNDS:- 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CA SE AND IN LAW, THE LD.CIT(A) HAS ERRED IN ANNULLING THE REASS ESSMENT IS NOT IN ACCORDANCE WITH THE PROVISIONS OF THE ACT. 2. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CAS E AND IN LAW, THE LD.CIT(A) HAS ERRED IN ANNULLING THE REASSESSME NT IS NOT IN ACCORDANCE WITH THE PROVISIONS OF THE ACT WITHOUT A PPRECIATING THE FACT THAT THE WHOLE GAMUT OF ASSESSMENT IS OPEN BEFORE THE AO AFTER THE ASSUMPTION OF JURISDICTION BY INITIATI NG ACTION U/S 147/148 OF THE INCOME TAX ACT, 1961. 2. BOTH PARTIES ADMITTED THAT THE TAX EFFECT IN THI S REVENUES APPEAL IS BELOW RS.3 LAKHS. THUS IN VIEW OF CBDT INSTRUCTIO N NO.3/2011 DT. 9 TH ITA 5402/DEL/2011 PAGE 2 OF 3 ASSESSMENT YEAR 2005-06 M/S VRINDA PLASTICS P.LTD., FARIDABAD. FEB.,2011, THE REVENUE APPEAL IS NOT MAINTAINABLE. IN TAKING THIS VIEW, WE ARE SUPPORTED BY THE DECISION OF THE JURISDICTIO NAL HIGH COURT IN THE CASE OF CIT VS. DELHI RACE CLUB LTD. IN ITA NO. 128 /2008 DATED 3 RD MARCH,2011, WHEREIN THE JURISDICTIONAL HIGH COURT F OLLOWED ITS OWN DECISION IN THE CASE OF CIT-3 VS. M/S P.S.JAIN&CO. IN ITA NO.179/91 JUDGEMENT DT. 2 ND AUGUST,2010. IN VIEW OF THIS BINDING PRECEDENT WE DISMISS THIS APPEAL OF THE REVENUE IN LIMINE. 3. IN THE RESULT THE APPEAL OF THE REVENUE IS DISMI SSED. ORDER PRONOUNCED IN THE OPEN COURT ON 4 TH JULY, 2012. SD/- SD/- (A.D.JAIN) (J.SUDHAKAR REDDY) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: THE 4 TH JULY, 2012 *MANGA COPY OF THE ORDER FORWARDED TO: 1. APPELLANT; 2.RESPONDENT; 3.CIT; 4.CIT (A); 5.DR; 6.GUARD FILE BY ORDER DY. REGISTRAR // C O P Y // ITA 5402/DEL/2011 PAGE 3 OF 3 ASSESSMENT YEAR 2005-06 M/S VRINDA PLASTICS P.LTD., FARIDABAD. 1. DATE OF DICTATION: 2. DRAFT PLACED BEFORE THE AUTHOR ON: 3. DRAFT PROPOSED AND PLACED BEFORE SECOND MEMBER ON: 4. DRAFT DISCUSSED/APPROVED BY THE SECOND MEMBER ON: 5. APPROVED DRAFT CAME TO SR.P.S. ON: 6. DATE OF PRONOUNCEMENT : 7. FILE SENT TO BENCH CLERK ON : 8. DATE ON WHICH FILE GIVEN TO HEAD CLERK ON: 9. DATE OF DISPATCHING THE ORDER ON :