ACIT Cir, V. Panipat Charitable Trust,

ITA 5566/DEL/2003

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 4087 (ITAT-DELHI)
• Duration Of Justice: 6 year(s) 4 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-05-2010
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Next Hearing Date: 13-05-2010
• Assessment Year: 1993-1994
• Appeal Filed On: 26-12-2003
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: G S SAHOTA SENIOR
• Keywords: Charitable institution; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH E : NEW DELHI) BEFORE SHRI R.P. TOLANI, JUDICIAL MEMBER AND SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER ITA NO.5566/DEL./2003 (ASSESSMENT YEAR : 1993-94) ACIT, PANIPAT CIRCLE, VS. M/S. PANIPAT CHARITABLE TRUST, PANIPAT. DAYAL CHOWK, PANIPAT. (APPELLANT) (RESPONDENT) ASSESSEE BY : NONE REVENUE BY : SHRI G.S. SAHOTA, SENIOR DR ORDER PER R.P. TOLANI, JUDICIAL MEMBER : THE REVENUE HAS FILED THIS APPEAL AGAINST THE ORDER OF CIT (APPEALS) FOR THE ASSESSMENT YEAR 1993-94. 2. THE ASSESSEE IS AN INDIVIDUAL. THE TAX PAYABLE ON THE AMOUNT DELETED BY THE CIT (APPEALS) COMES BELOW RS.2 LACS. THE CB DT VIDE INSTRUCTION NO. 2 DATED 24.10.2005 HAS INCREASED THE MONETARY L IMIT FROM RS.1 LAC TO RS.2 LAC FOR THE PURPOSE OF INSTRUCTION GIVEN TO TH E INCOME TAX AUTHORITIES FOR FILING THE APPEAL BEFORE THE TRIBUNAL. IT IS NOW W ELL SETTLED THAT THE BOARD INSTRUCTIONS ARE OF BINDING NATURE ON THE INCOME TA X AUTHORITIES AND, THEREFORE, THE INCOME TAX AUTHORITIES SHOULD NOT HA VE FILED THE PRESENT APPEAL BEFORE THE TRIBUNAL INASMUCH AS THE TAX EFFECT ON T HE AMOUNTS DISPUTED IN THE PRESENT APPEAL IS BELOW RS.2 LACS. 3. THE HON'BLE DELHI HIGH COURT IN THE CASE OF MANI SH BHAMBRI (ITA NO.683/2007, ORDER BEING DATED 1.8.2007) HAS ALSO U PHELD DISMISSAL OF APPEAL ITA NO.5566/DEL./2003 2 BY THE TRIBUNAL WHERE SUCH APPEAL WAS FILED IN VIOL ATION OF THE CBDT INSTRUCTION REGARDING TAX EFFECT FOR FILING APPEAL BEFORE THE TRIBUNAL. 4. IN VIEW OF THE ABOVE DECISION AND KEEPING IN VIE W THAT THE TAX EFFECT IN THE PRESENT APPEAL IS LESS THAN THE PRESCRIBED LIMI T OF RS.2 LAKHS, WE ARE INCLINED TO DISMISS THE APPEAL OF THE REVENUE. 5. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON THIS 12 TH DAY OF MAY, 2010 AFTER CONCLUSION OF THE HEARING. SD/- SD/- (SHAMIM YAHYA) (R.P. TOLANI) ACCOUNTANT MEMBER JUDICIAL MEMBER TS COPY FORWARDED TO: 1.APPELLANT 2.RESPONDENT 3.CIT 4.CIT(A), KARNAL. 5.CIT(ITAT), NEW DELHI. AR, ITAT NEW DELHI.