ACIT, New Delhi V. M/s. Victory Dwellings Pvt. Ltd., New Delhi

ITA 6229/DEL/2014

• Counselvise Citation: 622920114 RSA 2014
• Duration Of Justice: 11 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-11-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC 1
• Next Hearing Date: 31-08-2015
• Assessment Year: 2008-2009
• Appeal Filed On: 14-11-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: V K KHANNA
• Assessee Lawyers: VIJAY AGARWAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH SMC-I NEW DELHI BEFORE SHRI S.V. MEHROTRA : ACCOUNTANT MEMBER ITA NO. 6229/DEL/2014 ASSTT. YRS: 2008-09 ACIT, CENTRAL CIRCLE-9, VS. VICTORY DWELLINGS PVT. LTD., NEW DELHI. 208, GUPTA TOWER, AZADPUR COMMERCIAL COMPLEX, AZADPUR, NEW DELHI. PAN: AACCV 2862 N ( APPELLANT ) (RESPONDENT) DEPARTMENT BY : SHRI V.K. KHANNA ADDL. CIT (DR) ASSESSEE BY : SHRI VIJAY AGARWAL CA DATE OF HEARING : 31/08/2015. DATE OF ORDER : 05/11/2015. O R D E R PER S.V. MEHROTRA, A.M.. : THIS APPEAL, BY THE DEPARTMENT , HAS BEEN PREFERR ED AGAINST THE ORDER DATED 20-08-2014, PASSED BY THE CIT(A)-XXXII, NEW DELHI IN APPEAL NO. 256/13-14, RELATING TO A.Y. 2008-09. 2. LD. COUNSEL FOR THE ASSESSEE AT THE OUTSET SUBMI TTED THAT THE TAX EFFECT INVOLVED IN THE PRESENT DEPARTMENTAL APPEAL IS 2,37 ,930/- I.E. BELOW RS. 4 LACS AND, THEREFORE, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE IN VIEW OF RECENT CBDT INSTRUCTION, WHICH IS BINDING ON THE DEPARTME NT. 2 ITA 6229/DEL/2014 VICTORY DWELLING PVT. LTD. 3. THE LEARNED DR COULD NOT CONTROVERT THE AFOREME NTIONED FACTS. HE, HOWEVER, SUBMITTED THAT THE DEPARTMENT HAS NOT GIVE N UP ITS STAND. 4. I HAVE HEARD RIVAL SUBMISSIONS OF THE PARTIES A ND PERUSED THE ENTIRE MATERIAL ON RECORD. AS PER RECENT CBDT INSTRUCTION NO. 5/20 14 [F NO. 279/MISC. 142/2007- ITJ(PT)], DATED 10-7-2014, THE MONETARY LIMIT FOR F ILING APPEAL BY THE DEPARTMENT BEFORE THE ITAT HAS BEEN REVISED TO RS. 4 LACS. THU S, THE DEPARTMENTAL APPEAL, INVOLVING TAX EFFECT BELOW RS. 4 LACS, IS NOT MA INTAINABLE BEFORE THE ITAT. PARA 5 OF THE CBDT INSTRUCTION STIPULATES AS UNDER: 5. THE ASSESSING OFFICER SHALL CALCULATE THE TAX E FFECT SEPARATELY FOR EVERY ASSESSMENT YEAR IN RESPECT OF THE DISPUTED ISSUES IN THE CASE OF EVERY ASSESSEE. IF, IN THE CA SE OF AN ASSESSEE, THE DISPUTED ISSUES ARISE IN MORE THAN ON E ASSESSMENT YEAR, APPEAL, CAN BE FILED IN RESPECT OF SUCH ASSES SMENT YEAR OR YEARS IN WHICH THE TAX EFFECT IN RESPECT OF THE DIS PUTED ISSUES EXCEEDS THE MONETARY LIMIT SPECIFIED IN PARA 3. NO APPEAL SHALL BE FILED IN RESPECT OF AN ASSESSMENT YEAR OR YEARS IN WHICH THE TAX EFFECT IS LESS THAN THE MONETARY LIMIT SPECIFIE D IN PARA 3. IN OTHER WORDS, HENCEFORTH, APPEALS CAN BE FILED ONLY WITH REFERENCE TO THE TAX EFFECT IN THE RELEVANT ASSESSM ENT YEAR. HOWEVER, IN CASE OF A COMPOSITE ORDER OF ANY HIGH C OURT OR APPELLATE AUTHORITY, WHICH INVOLVES MORE THAN ONE A SSESSMENT YEAR AND COMMON ISSUES IN MORE THAN ONE ASSESSMENT YEAR, APPEAL SHALL BE FILED IN RESPECT OF ALL SUCH ASSESS MENT YEARS EVEN IF THE 'TAX EFFECT' IS LESS THAN THE PRESCRIBE D MONETARY LIMITS IN ANY OF THE YEAR(S), IF IT IS DECIDED TO FILE APP EAL IN RESPECT OF THE YEAR(S) IN WHICH 'TAX EFFECT' EXCEEDS THE MONET ARY LIMIT PRESCRIBED. IN CASE WHERE A COMPOSITE ORDER / JUDGM ENT INVOLVES MORE THAN ONE ASSESSEE, EACH ASSESSEE SHAL L BE DEALT WITH SEPARATELY. 3 ITA 6229/DEL/2014 VICTORY DWELLING PVT. LTD. 6. UNDISPUTEDLY, THE TAX EFFECT INVOLVED IN THE PRE SENT APPEAL IS BELOW RS. 4 LAKHS. THEREFORE, IN VIEW OF THE REVISED INSTRUCTIO N OF THE CBDT, REFERRED TO ABOVE, THE DEPARTMENTAL APPEAL IS NOT MAINTAINABLE. 7. IN THE RESULT, DEPARTMENTAL APPEAL IS DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON 05/11/2015. SD/- (S.V. MEHROTRA) ACCOUNTANT MEMBER DATED: 05/11/2015. *MP* COPY OF ORDER TO: 1. ASSESSEE 2. AO 3. CIT 4. CIT(A) 5. DR, ITAT, NEW DELHI.