ITO, New Delhi V. M/s. Homeway Marketing Pvt Ltd., New Delhi

ITA 645/DEL/2014

• Counselvise Citation: [2015] 121 COUNSELVISE.COM (IT) 0230 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 5 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-07-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC 1
• Next Hearing Date: 21-07-2015
• Assessment Year: 2007-2008
• Appeal Filed On: 04-02-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S K JAIN COMMISSIONER
• Assessee Lawyers: VISHAL AGARWAL DIRECTOR
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH SMC NEW DELHI BEFORE SHRI S.V. MEHROTRA : ACCOUNTANT MEMBER ITA NOS. 645/DEL/2014 ASSTT. YRS: 2007-08 ITO, WARD-12(4), VS. M/S HOMEWAY MARKETING PVT. L TD., NEW DELHI. 39/2068, NAIWALA, 315, DHAKA CHAMBERS, KAROL BAGH, NEW DELHI. PAN: AABCH 0130 Q ( APPELLANT ) (RESPONDENT) APPELLANT BY : SHRI S.K. JAIN, ADDL. COMMISSIONER RESPONDENT BY : SHRI VISHAL AGARWAL, DIRECTOR. DATE OF HEARING : 21/07/2015. DATE OF ORDER : 22/07/2015. O R D E R PER S.V. MEHROTRA, A.M.. : THIS APPEAL, PREFERRED BY THE REVENUE, IS DIRECT ED AGAINST CIT(A)S ORDER DATED 25-11-2013 PASSED IN APPEAL NO. 81/13-14 RELA TING TO AY 2007-08. 2. LD. AUTHORIZED REPRESENTATIVE OF THE ASSESSEE AT THE OUTSET SUBMITTED THAT THE TAX EFFECT INVOLVED IN THE PRESENT APPEAL IS RS. 3, 58,852/- 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. 3. THE LEARNED DR COULD NOT CONTROVERTED THE AFORE MENTIONED FACTS. HE, HOWEVER, SUBMITTED THAT THE DEPARTMENT HAS NOT GIVE N UP ITS STAND. 2 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 [F NO. 279/MISC. 142/2007-ITJ(PT)], DATED 10-7-2014, THE MONETARY LI MIT FOR FILING APPEAL BY THE DEPARTMENT BEFORE THE ITAT HAS BEEN REVISED TO RS. 4 LACS. THUS, THE DEPARTMENTAL APPEAL, INVOLVING TAX EFFECT BELOW RS. 4 LACS, IS NOT MAINTAINABLE BEFORE THE ITAT. 5. THE HONBLE JURISDICTIONAL DELHI HIGH COURT IN T HE CASE OF CIT VS. DELHI RACE CLUB LTD. IN ITA NO. 128/2008, ORDER DATED 03. 03.2011, 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 INSTRUCTIO N/ CIRCULAR WOULD ALSO BE APPLICABLE TO PENDING CASES. 6. ADMITTEDLY THE TAX EFFECT INVOLVED IN THE PRESEN T APPEAL 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 I N THE CASE OF DELHI RACE CLUB LTD., SUPRA, THE DEPARTMENTAL APPEAL IS NOT MAINTA INABLE. 7. IN THE RESULT, DEPARTMENTAL APPEAL IS DISMISSED . ORDER PRONOUNCED IN OPEN COURT ON 22/07/2015. SD/- (S.V. MEHROTRA) ACCOUNTANT MEMBER DATED: 22/07/2015. *MP* COPY OF ORDER TO: 1. ASSESSEE 2. AO 3. CIT 4. CIT(A) 5. DR, ITAT, NEW DELHI. 3