ACIT, New Delhi V. M/s. Omega Biotech Ltd., New Delhi

ITA 5803/DEL/2012

• Counselvise Citation: [2013] 120 COUNSELVISE.COM (IT) 4752 (ITAT-DELHI)
• Duration Of Justice: 10 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-10-2013
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Next Hearing Date: 03-10-2013
• Assessment Year: 2008-2009
• Appeal Filed On: 16-11-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MRS RENUKA JAIN GU PTA
• Assessee Lawyers: RAMESH JUNEJA
• Keywords: Tax effect

Judgement Text

ITA NO. 5803/DEL/2012 1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH E, NEW DELHI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER AND SHRI C.M. GARG, JUDICIAL MEMBER I.T.A. NO. 5 80 3 /DEL/201 2 A.Y. : 200 8 - 09 ASSTT. COMMISSIONER ASSTT. COMMISSIONER ASSTT. COMMISSIONER ASSTT. COMMISSIONER OF INCOME TAX, OF INCOME TAX, OF INCOME TAX, OF INCOME TAX, CIRCLE CIRCLE CIRCLE CIRCLE - -- -13(1) 13(1) 13(1) 13(1), ,, , ROOM NO. ROOM NO. ROOM NO. ROOM NO. 406, C.R. 406, C.R. 406, C.R. 406, C.R. BUILDING, I.P. ESTATE, BUILDING, I.P. ESTATE, BUILDING, I.P. ESTATE, BUILDING, I.P. ESTATE, NEW DELHI NEW DELHI NEW DELHI NEW DELHI VS. M MM M /S /S /S /S OMEGA BIOTECH OMEGA BIOTECH OMEGA BIOTECH OMEGA BIOTECH LTD., LTD., LTD., LTD., 1608, BHAGIRATH PLACE, 1608, BHAGIRATH PLACE, 1608, BHAGIRATH PLACE, 1608, BHAGIRATH PLACE, NEW DELHI NEW DELHI NEW DELHI NEW DELHI 110 006 110 006 110 006 110 006 (PAN: AAACO3488R) (PAN: AAACO3488R) (PAN: AAACO3488R) (PAN: AAACO3488R) (APPELLANT) (APPELLANT) (APPELLANT) (APPELLANT) (RESPONDENT) (RESPONDENT) (RESPONDENT) (RESPONDENT) ASSESSEE BY : SH. RAMESH JUNEJA, CA DEPARTMENT BY : MRS. RENUKA JAIN GUPTA, SR. D.R. ORDER ORDER ORDER ORDER PER SHAMIM YAHYA: AM PER SHAMIM YAHYA: AM PER SHAMIM YAHYA: AM PER SHAMIM YAHYA: AM THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST TH E ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS)-XVI, NEW DEL HI DATED 30.8.2012 PERTAINING TO ASSESSMENT YEAR 2008-09. 2. AT THE THRESHOLD, LD. COUNSEL OF THE ASSESSEE SU BMITTED THAT TAX EFFECT IN THIS CASE IS LESS THAN RS. 3 LACS FIXED B Y THE CBDT FOR FILING THE APPEAL BEFORE THE ITAT. HENCE, HE SUBMITTED THAT T HIS APPEAL BY THE REVENUE IS NOT MAINTAINABLE AS THE TAX EFFECT IS BE LOW THE MONETARY LIMIT OF RS. 3 LACS BEING THE MONETARY LIMIT FIXED BY THE CBDT FOR FILING APPEAL BEFORE THE ITAT. LD. DR COULD NOT CONTROVERT THIS SUBMISSION BY THE LD. COUNSEL OF THE ASSESSEE. IT IS SETTLED L AW THAT CBDT GUIDELINES ARE BINDING UPON THE REVENUE. UNDER THE CIRCUMSTANCES, IN ITA NO. 5803/DEL/2012 2 OUR CONSIDERED OPINION, THIS APPEAL IS LIABLE TO BE DISMISSED ON ACCOUNT OF TAX EFFECT. 3. IN THE RESULT, THE APPEAL FILED BY THE REVENUE STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 03/10/2013. SD/ SD/ SD/ SD/- -- - SD/ SD/ SD/ SD/- -- - [ [[ [C.M. GARG C.M. GARG C.M. GARG C.M. GARG] ]] ] [SHAMIM YAHYA] [SHAMIM YAHYA] [SHAMIM YAHYA] [SHAMIM YAHYA] JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER ACCOUNTANT MEMBER ACCOUNTANT MEMBER ACCOUNTANT MEMBER ACCOUNTANT MEMBER DATE 03/10/2013 SRBHATNAGAR SRBHATNAGAR SRBHATNAGAR SRBHATNAGAR COPY FORWARDED TO: COPY FORWARDED TO: COPY FORWARDED TO: COPY FORWARDED TO: - -- - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR, ITAT TRUE COPY BY ORDER, ASSISTANT REGISTRAR, ITAT, DELHI BENCHES