ITO, Meerut V. Shri Satish Kumar Sharma, Meerut

ITA 549/DEL/2010

• Counselvise Citation: 54920114 RSA 2010
• Duration Of Justice: 4 year(s) 7 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-09-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 24-09-2014
• Assessment Year: 2004-2005
• Appeal Filed On: 05-02-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B R R KUMAR
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH G , NEW DELHI) BEFORE SHRI I. C. SUDHIR, JUDICIAL MEMBER AND SHRI T.S. KAPOOR, ACCOUNTANT MEMBER I.T.A. NO.549 /DEL/2010 ASSESSMENT YEAR : 2004-05 ITO, WARD 2(2), VS. SHRI SATISH KUMAR SHARMA, MEERUT L/H OF LATE SH. RAM KUMAR SHARMA, 125, KASERU BUXER, MAWANA ROAD, MEERUT GIR / PAN:AWUPS4910R (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI B.R.R. KUMAR, SR. DR RESPONDENT BY : SHRI VINOD KUMAR GOEL, ADV. ORDER PER T.S. KAPOOR, AM: THIS IS APPEAL FILED BY THE REVENUE AGAINST THE OR DER OF LD. CIT(A) DATED 16.11.2009. 2. AT THE OUTSET, LD. A.R. SUBMITTED THAT THE APPEA L IN THIS CASE IS NOT MAINTAINABLE AS THE TAX EFFECT IS BELOW RS.3 LACS A ND AS PER CBDT INSTRUCTION NO.3/2011, THE APPEAL IS NOT MAINTAINAB LE. 3. LD. D.R. CONCEDED THAT TAX EFFECT WAS LESS THAN RS.3 LACS. 4. WE HAVE HEARD THE RIVAL P[ARTIES AND HAVE GONE T HROUGH THE MATERIAL PLACED ON RECORD. WE FIND THAT THE A.O. HAD MADE A N ADDITION OF RS.11,10,289/- AND HAD ALSO DISALLOWED THE TAX CRED IT OF RS.4,38,603/-. LD. CIT(A) DELETED THE ADDITION OF RS.11,10,289/- AND A LSO DIRECTED THE A.O. TO ALLOW CREDIT FOR TAX ALREADY DEDUCTED AS TDS. THER EFORE, THE ADDITION INVOLVED IS ONLY FOR RS.11,10,289/- WHICH IS ON ACC OUNT OF ADDITION OF ITA NO.549./DEL/2010 2 CAPITAL GAIN. THE REVENUE HAS TAKEN ANOTHER GROUND OF APPEAL FOR ALLOWANCE OF TAX CREDIT ALSO, WHICH IN FACT WAS NOT AN ADDITI ON BUT DENIAL OF A.O. TO ALLOW TAX CREDIT FOR TDS. THEREFORE, IF THE AMOUNT IS TREATED AS TAXABLE AS CAPITAL GAIN, THE TAX EFFECT ON THE RELIEF ALLOWED BY LD. CIT(A) IS ACTUALLY LESS THAN RS.3 LACS AND THEREFORE, IN TERMS OF CBDT INSTRUCTION NO.3/2011 DATED 09.02.2011, THE REVENUE WAS NOT PERMITTED TO FILE THE APPEAL IN THIS CASE. 5. IN VIEW OF THE ABOVE, THE APPEAL FILED BY THE RE VENUE IS DISMISSED. 6. ORDER PRONOUNCED IN THE OPEN COURT ON 30.09.2014 . SD./- SD./- (I. C. SUDHIR ) (T.S. KAPOOR) JUDICIAL MEMBER ACCOUNTANT MEMBER DATE: 30.09. 2014 SP COPY FORWARDED TO:- 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT (A)-, NEW DELHI. 5. THE DR, ITAT, LOKNAYAK BHAWAN, KHAN MARKET, NEW DEL HI. TRUE COPY. BY ORDER (ITAT, NEW DELHI). DATE OF HEARING DATE OF DICTATION DATE OF TYPING DATE OF ORDER SIGNED BY BOTH THE MEMBERS & PRONOUNCEMENT. DATE OF ORDER UPLOADED ON NET & SENT TO THE BENCH CONCERNED.