DCIT, Chandigarh V. M/s Sukhija Real Estates (P) Ltd., Chandigarh

ITA 923/CHANDI/2010

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 60903 (ITAT-CHANDIGARH)
• Duration Of Justice: 2 year(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-07-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 02-07-2012
• Assessment Year: 2004-2005
• Appeal Filed On: 14-06-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: N K SAINI
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL CHANDIGARH BENCHES A CHANDIGARH BEFORE SHRI H.L.KARWA, HON'BLE, VICE PRESIDENT AND SHRI T.R.SOOD, ACCOUNTANT MEMBER ITA NO. 923/CHD/2010 ASSESSMENT YEAR: 2004-05 THE DCIT, VS M/S SUKHIJA REAL ESTATES (P) LTD., CIRCLE 4(1), CHANDIGARH CHANDIGARH PAN NO. AAGCS3400H (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI N.K. SAINI RESPONDENT BY : SHRI VINEET KRISHAN DATE OF HEARING : 02.07.2012 DATE OF PRONOUNCEMENT : 03.07.2012 ORDER PER H.L.KARWA, VP THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINS T THE ORDER OF CIT(A), CHANDIGARH DATED 31.3.2010 RELATING TO ASS ESSMENT YEAR 2004-05. 2. AFTER HEARING THE LD. REPRESENTATIVES OF BOTH TH E PARTIES, WE FIND THAT IN THE REVENUES APPEAL, TAX EFFECT IS LESS THAN RS . 2,00,000/- AND ADMITTEDLY, THE APPEAL WAS FILED ON 14.6.2010. IT IS NOTICED THAT THE CBDT HAS ISSUED INSTRUCTION NO.5 OF 2008 DATED 15.5.2008 , BY WHICH THE CBDT HAS 2 REVISED THE MONETARY LIMIT TO RS. 2,00,000/- FOR FI LING THE APPEAL BEFORE THE TRIBUNAL. 3. KEEPING IN VIEW THE CBDT INSTRUCTION NO.5 OF 200 8 DATED 15.5.2008 AND ALSO THE PROVISIONS OF SECTION 268A OF INCOME T AX ACT, 1961, WE ARE OF THE VIEW THAT THE REVENUE SHOULD NOT HAVE FILED TH E INSTANT APPEAL BEFORE THE TRIBUNAL. WHILE TAKING SUCH A VIEW, WE ARE FORTIF IED BY THE FOLLOWING DECISIONS OF HON'BLE JURISDICTIONAL HIGH COURT :- 1. CIT V OSCAR LABORATORIES P. LTD (2010) 324 ITR 115 (P&H) 2. CIT V ABINASH GUPTA (2010) 327 ITR 619 (P&H) 3. CIT V VARINDERA CONSTRUCTION CO. (2011) 331 ITR 449 (P&H)(FB) 4. IN VIEW OF THE ABOVE, WITHOUT GOING INTO MERITS OF THE CASE, WE DISMISS THE APPEAL FILED BY THE REVENUE. 5. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSE D. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 3 RD DAY OF JULY, 2012 SD/- SD/- (T. R. SOOD) (H.L.KARWA) ACCOUNTANT MEMBER VICE PRESIDENT DATED : 3 RD JULY, 2012 RKK COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR