DCIT, New Delhi V. M/s. Sri Sai Maritechno Pvt. Ltd., New Delhi

ITA 5665/DEL/2013

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 86859 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 4 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-03-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 02-03-2015
• Assessment Year: 2006-2007
• Appeal Filed On: 21-10-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B R R KUMAR
• Assessee Lawyers: JITENDER TANIKILLU
• Keywords: Tax effect
• Section: 27

Judgement Text

1 ITA 5665 & 5666/DEL/13 DCIT VS. SRI SAI MARITECHNO PVT. LTD. IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH G NEW DELHI BEFORE SHRI G.D. AGRAWAL : VICE PRESIDENT AND SHRI GEORGE GEORGE K.: JUDICIAL MEMBER ITA NO. 5665 & 5666/DEL/2013 ASSTT. YR: 2006-07 DCIT, CIRCLE 9(1), VS. SRI SAI MARITECHNO PVT. LT D., NEW DELHI. C-6, GULMOHAR PARK, NEW DELHI. PAN: AABCS 9916 R. ( APPELLANT ) (RESPONDENT) APPELLANT BY : SHRI B.R.R. KUMAR SR. DR RESPONDENT BY SHRI JITENDER TANIKILLU ADV. DATE OF HEARING: 02/03/2015. DATE OF ORDER : 02/03/2015. O R D E R PER G.D. AGRAWAL, V.P. : THESE APPEALS HAVE BEEN PREFERRED BY THE REVENUE AG AINST SEPARATE ORDERS OF CIT(A) RELATING TO A.Y. 2006-07. ITA NO. 5665/DEL/0 7 IS QUANTUM APPEAL AGAINST CIT(A)S ORDER DATED 17-7-2013, WHEREAS ITA NO. 566 6/DEL/2013 HAS BEEN PREFERRED AGAINST DELETION OF PENALTY LEVIED U/S 27 1(1)(C) OF THE I.T. ACT. 2. THE LEARNED COUNSEL FOR THE ASSESSEE AT THE VERY OUT SET CONTENDED THAT THE TAX EFFECT INVOLVED IN THE PRESENT APPEALS IS BELOW RS . 4 LACS AND, THEREFORE, THE APPEALS FILED BY THE REVENUE ARE NOT MAINTAINABLE IN VIEW OF REC ENT CBDT INSTRUCTION, WHICH IS BINDING ON THE DEPARTMENTS. 3. ON THE OTHER HAND, THE LEARNED DR CONTENDED THA T THE APPEALS SHOULD NOT BE DISMISSED ON ACCOUNT OF TAX EFFECT ONLY. 2 ITA 5665 & 5666/DEL/13 DCIT VS. SRI SAI MARITECHNO PVT. LTD. 4. WE HAVE HEARD RIVAL SUBMISSIONS OF THE PARTIES A ND PERUSED THE ENTIRE MATERIAL ON RECORD. AS PER RECENT CBDT INSTRUCTION NO. 5/2014 DATED 10-7-2014, THE MONETARY LIMIT FOR FILING APPEAL BY THE DEPARTMENT BEFORE THE ITAT HAS BEEN REVISED TO RS. 4 LACS. THUS, THE DEPARTMENTAL APPEALS, INVOLVING TAX EFFECT BE LOW RS. 4 LACS, ARE NOT MAINTAINABLE BEFORE THE ITAT. 4.1. THE HONBLE JURISDICTIONAL DELHI HIGH COURT IN THE CASE OF CIT VS. DELHI RACE CLUB LTD. IN ITA NO. 128/2008, ORDER DATED 03.03.20 11, BY FOLLOWING THE EARLIER ORDER DATED 02.08.2010 IN ITA NO. 179/1991 IN THE CASE OF CIT DELHI-III VS. M/S P.S. JAIN & CO., HAS HELD THAT SUCH INSTRUCTION/ CIRCULAR WOUL D ALSO BE APPLICABLE TO PENDING CASES. 4.2. ADMITTEDLY THE TAX EFFECT INVOLVED IN THE PRES ENT APPEALS IS BELOW RS. 4 LAKHS. THEREFORE, IN VIEW OF THE REVISED INSTRUCTION OF T HE CBDT, REFERRED TO ABOVE, AND THE HONBLE JURISDICTIONAL HIGH COURTS DECISION IN THE CASE OF DELHI RACE CLUB LTD., SUPRA, THE DEPARTMENTAL APPEAL ARE NOT MAINTAINABLE. 5. IN THE RESULT, DEPARTMENTAL APPEALS ARE DISMISSE D. ORDER PRONOUNCED IN OPEN COURT ON 02/03/2015.. SD/- SD/- ( GEORGE GEORGE K. ) ( G.D. AGRAWAL) JUDICIAL MEMBER VICE PRESIDENT DATED: 02/03/2015. *MP* COPY OF ORDER TO: 1. ASSESSEE 2. AO 3. CIT 4. CIT(A) 5. DR, ITAT, NEW DELHI.