DCIT, New Delhi V. M/s Gopi Convision Pvt. Ltd., New Delhi

ITA 5537/DEL/2013

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 86527 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 3 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-01-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 22-12-2014
• Assessment Year: 2003-2004
• Appeal Filed On: 10-10-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: Y KAKKAR
• Keywords: Reopening of assessment; Tax effect
• Section: 68

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : C NEW DELHI BEFORE SHRI J.SUDHAKAR REDDY, A.M. AND SHRI A.T. VARKEY , J.M. ITA NO. 5537 /DEL/20 13 ASSESSMENT YEAR : 200 3 - 04 DY.CIT, CIRCLE 12(1) VS. M/S GOPI CONVISION P.LTD. NEW DELHI 14, SAINIK FARMS, KHANPUR NEW DELHI 110 062 PAN: AABCG 2950 M CROSS OBJECTION NO. 93/DEL/2014 (IN ITA NO. 5537 /DEL/20 13) ASSESSMENT YEAR : 200 3 - 04 M/S GOPI CONVISION PVT.LTD. VS. DCIT CIRCLE 12(1) NEW DELHI NEW DELHI (APPELLANT) (RESPONDENT ) APPELLANT BY : - MS. Y. KAKKAR, SR.D.R. RESPONDENT BY : - SH. G .N. GUPTA, ADV. O R D E R PER J.SUDHAKAR REDDY, AM THIS IS AN APPEAL FILED BY THE REVENUE DIRECTED AGAINST THE ORDER OF THE LD.CIT(APPEALS) - XV, NEW DELHI DT. 18.7.2013 PERTAINING TO THE AY 200 3 - 04 AND THE C.O. IS FILED BY THE ASSESSEE. 2. IN THE REVENUE S APPEAL THE CHALLENGE IS WITH REFERENCE TO DELETION OF ADDITION OF RS.10,01,030/ - MADE BY THE AO U/S 68 OF THE INCOME TAX ACT, 1961. IN THE ASSESSEE S CROSS OBJECTION , THE GROUNDS RAISED RELATE TO VALIDITY OF REOPENING OF ASSESSMENT U/S 148/147 OF THE INCOME TAX ACT, 1961. 3. A T THE VERY OUTSET, THE LD.COUNSEL FOR THE ASSESSEE S UBMITTED THAT THE TAX EFFECT IN TH E APPEAL OF THE REVENUE , IS BELOW THE PRESCRIBED LIMIT OF RS.4 LAKHS FOR FILING OF APPEAL BEFORE THE ITAT. THE CBDT IN ITS INSTRUCTION NO. 5/2014 , PRESCRIBED THE REVISED MONETARY L IMIT FOR FILING A PPEAL TO TRIBUNAL AT RS.4 LACS . IT WAS CONTENDED THAT THIS REVISED MONETARY LIMITS ARE APPLICABLE TO PENDING CASES . 4. MS.Y.KAKKAR, LD.SR.D.R. WAS HEARD ON BEHALF OF THE REVENUE. SHE SUBMITTED THAT THE REVISED LIMITS ARE NOT APPLICABLE TO PENDING CASES. ITA NO. 5537/DEL/2013 & C.O. 93/DEL/14 (IN ITA 5537/DEL/13) AY: 2003 - 04 2 5. WE HAVE HEARD RIVAL CONTENTIONS AND PERUSED THE MATERIAL ON RECORD. 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 INSTRUCTI ON NO.5/14 , ISSUED BY THE CBDT ON 10.7.2014 IS APPLICABLE TO THE PENDING 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. D T. 3.3.2011. WE RESPECTFULLY FOLLOW THE CO - ORDINATE BENCH ORDER. IN THE INSTANT CASE, AS THE TAX EFFECT BEING BELOW RS. 4 LACS, WE WITHOUT GOING INTO THE ISSUE ON MERIT, DISMISS THE APPEAL OF THE REVENUE IN LIMINE AS NOT MAINTAINABLE . IT IS TO BE MENTIONED THAT THE LD.DR WAS UNABLE TO POINT OUT ANY EXCEPTIONAL CIRCUMSTANCE S , MENTIONED IN BOARD INSTRUCTION NO.5 OF 2014 THAT HAVE LED TO FILING OF THIS APPEAL, DESPITE THE FACT OF THE MONETARY LIMIT BEING BELOW THE PRESCRIBED LIMIT. 6. SINCE THE REVENUE S APPEAL IS DISMISSED IN LIMINE THE ASSESSEE S C.O. IS NOT TAKEN UP FOR ADJUDICATION. 7. IN THE RESULT BOTH THE REVENUE S APPEAL AND THE ASSESSEE S C.O. ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 16 TH JANUARY, 2015 . SD/ - SD/ - ( A.T. VARKEY ) (J.SUDHAKAR REDDY) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: THE 16 TH JANUARY, 2015 *MANGA COPY OF THE ORDER FORWARDED TO: 1.APPELLANT; 2.RESPONDENT; 3.CIT; 4.CIT(A); 5.DR; 6.GUARD FILE BY ORDER ASST. REGISTRAR