Income tax Officer, New Delhi V. Vijay Kumar Khanna, Ghaziabad

ITA 7071/DEL/2014

• Counselvise Citation: 707120114 RSA 2014
• Duration Of Justice: 8 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-09-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC 2
• Next Hearing Date: 10-08-2015
• Assessment Year: 2007-2008
• Appeal Filed On: 30-12-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH SMC - 2 , NEW DELHI BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER ITA NO. 7070 /DEL/201 4 AY: 200 7 - 08 ITO, WARD 67(3) VS. SH.VASDEV NEW DELHI H.NO.D - 77, PRASHANT VIHAR DELHI 110 085 PAN: AAGPV 8264 P ITA NO. 7071 /DEL/201 4 AY: 2007 - 08 ITO, WARD 67(3) VS. SH.VINAY KUMAR KHANNA NEW DELHI H.NO.304, GYAN DEEP APPT., SECTOR 11, VASUNDHARA GHAZIABAD 201 010 PAN: AHKPK 1830 F ITA NO. 7072 /DEL/201 4 AY: 2008 - 09 ITO, WARD 67(3) VS. SMT. KIRAN BALA NEW DELHI L/H OF LATE VIJAY KUMAR AGGARWAL 1083, SHORA KOTHI SABZI MANDI CLOCK TOWER DELHI 110 007 ITA NO. 7073 /DEL/201 4 AY: 2008 - 09 ITO, WARD 67(3) VS. SH. SURAJ PRAKASH MANCHANDA NEW DELHI H.NO: C - 2/35 B, KESHAV PURAM DELHI 110 035 PAN: AAGPM 5280 Q CROSS OBJECTION NO.196/DEL/2015 (IN ITA NO. 7073 /DEL/201 4) AY: 2008 - 09 SH. SURAJ PRAKASH MANCHANDA VS. ITO, WARD 67(3) H.NO: C - 2/35 B, KESHAV PURAM NEW DELHI DELHI 110 035 PAN: AAGPM 5280 Q (APPELLANT) (RESPONDENT) ITA NO S . 7070, 7071, 7072, 7073 /DEL/201 4 A.Y. 2007 - 08 AND 2008 - 09 & C.O. 196/DEL/15 (IN ITA 7073/DEL/14) 2 APPELLANT BY : S MT.RAKHI VIMAL, JCIT, SR.D.R. RESPONDENT BY : NONE ORDER ALL THESE APPEALS ARE FILED BY THE REVENUE DIRECTED AGAINST SEPARATE ORDERS OF LD.CIT(A) - XVIII, NEW DELHI . 2 . NONE WAS PRESENT ON BEHALF OF THE ASSESSEE. I HAVE HEARD SMT. RAKHI VIMAL, LD.JCIT, SR.D.R. ON BEHALF OF THE REVENUE. ON A QUERY FROM THE BENCH THE LD. SR. D.R. CONTENDED THAT THE TAX EFFECT IN THE CASE ON HAND IS MORE THAN THE LIMIT PRESCRIBED BY THE CBDT AT THE TIME OF FILING OF THE APPEAL AND THAT THE FRESH CIRCULAR OF THE CBDT CLEARLY MEN TIONS THAT THE TAX EFFECT LIMIT OF RS.4 LAKHS IS PROSPECTIVE IN NATURE AND HENCE THE LIMITS PRESCRIBED IN THE CIRCULAR CANNOT BE APPLIED TO APPEALS FILED FOR THE EARLIER ASSESSMENT YEARS I.E. 1999 - 2000. IT WAS CONTENDED THAT THE LIMIT APPLIES TO APPEALS FILED AFTER THE DATE OF THE CIRCULAR. 3 . AFTER HEARING THE LD.SR.D.R. AND PERUSING THE MATERIAL ON RECORD I HOLD AS FOLLOWS. THE TRIBUNAL, IN THE CASE OF DCIT VS. SUSHILA SARAOGI (2014) (11) TMI 294 ITAT KOLKATA, AFTER CONSIDERING THE PRECEDENTS ON T HE SUBJECT, HELD THAT THE INSTRUCTION NO.5/14, ISSUED BY THE CBDT ON 10.7.2014 IS APPLICABLE TO THE PENDING APPEALS. THE TRIBUNAL FOLLOWED THE PROPOSITION LAID DOWN IN THE JUDGEMENTS OF VARIOUS HIGH COURTS, INCLUDING THE TWO JUDGEMENTS OF THE JURISDIC TIONAL HIGH COURT IN THE CASE OF CIT VS. M/S PS JAIN & CO. IN ITA 179/1991 DT. 2.8.2010 AND IN THE CASE OF CIT VS. DELHI RACE CLUB LTD. DT. 3.3.2011. . IN THE INSTANT CASES, THE TAX EFFECT BEING BELOW RS. 4 LACS. IT IS TO BE MENTIONED THAT THE LD.SR. DR WAS UNABLE TO POINT OUT ANY EXCEPTIONAL ITA NO S . 7070, 7071, 7072, 7073 /DEL/201 4 A.Y. 2007 - 08 AND 2008 - 09 & C.O. 196/DEL/15 (IN ITA 7073/DEL/14) 3 CIRCUMSTANCES, MENTIONED IN BOARD INSTRUCTION NO.5 OF 2014 THAT HAVE LED TO FILING OF THESE APPEALS, DESPITE THE FACT THAT THE MONETARY LIMIT BEING BELOW THE PRESCRIBED LIMIT. 3.1 . EVEN OTHERWISE ON MERITS THE ISSUE IS COVERED IN FAVOUR OF THE ASSESSEE AND AGAINST THE REVENUE BY VARIOUS JUDGEMENTS OF THE TRIBUNALS AND HIGH COURTS SOME OF WHICH HAVE BEEN LISTED BY THE LD.CIT(A) AT PAGE 4 AND 5 OF THIS ORDER . THE HON BLE BOMBAY HIGH COURT IN THE CASE OF SBI E XIT OFFICE ASSOCIATIONS, MUMBAI VS. CBDT IN W.P.NO.1718/2011 DT. 17.8.2012 HAD HELD THE ISSUE IN FAVOUR OF THE ASSESSEE. THUS ALL THESE APPEALS ARE DISMISSED. 4. THE CROSS OBJECTION IS IN SUPPORT OF THE ORDER OF THE FIRST APPELLATE AUTHORITY . IN VIEW OF MY DECISION IN THE REVENUE S APPEALS THIS C.O. IS DISMISSED AS INFRUCTUOUS. 5. IN THE RESULT ALL THE APPEALS FILED BY THE REVENUE ARE DISMISSED AND THE CROSS OBJECTION NO.196/DEL/15 (IN ITA 7073/DEL/14) STANDS DISMISSED AS INFRUCTUOUS. ORDER PRONOUNCED I N THE OPEN COURT ON 11 TH SEPTEMBER , 2 015. SD/ - ( J. SUDHAKAR REDDY ) ACCOUNTANT MEMBER DATED: THE 11 TH SEPTEMBER, 2015 MANGA ITA NO S . 7070, 7071, 7072, 7073 /DEL/201 4 A.Y. 2007 - 08 AND 2008 - 09 & C.O. 196/DEL/15 (IN ITA 7073/DEL/14) 4 COPY FORWARDED TO: - 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(A) 5 . DR, ITAT TRUE COPY BY ORDER, ASSISTANT REGISTRAR