IN THE INCOME TAX APPELLATE TRIBUNAL
DELHI BENCHES : "C" NEW DELHI
BEFORE SHRI J.SUDHAKAR REDDY, A.M.
AND SHRI A.T. VARKEY, J.M.
ITA no.5537/Del/2013
Assessment Year : 2003-04
Dy.CIT, Circle 12(1) vs. M/s Gopi Convision P.Ltd.
New Delhi 14, Sainik Farms, Khanpur
New Delhi 110 062
PAN: AABCG 2950 M
Cross Objection No. 93/Del/2014
(In ITA no.5537/Del/2013)
Assessment Year : 2003-04
M/s Gopi Convision Pvt.Ltd. vs. DCIT Circle 12(1)
New Delhi New Delhi
(Appellant) (Respondent)
Appellant by:- Ms. Y. Kakkar, Sr.D.R.
Respondent by:- Sh. G.N. Gupta, Adv.
ORDER
PER J.SUDHAKAR REDDY, AM
This is an appeal filed by the Revenue directed against the order of the
Ld.CIT(Appeals)-XV, New Delhi dt. 18.7.2013 pertaining to the AY 2003-
04 and the C.O. is filed by the assessee.
2. In the Revenue's appeal the challenge is with reference to deletion of
addition of Rs.10,01,030/- made by the AO u/s 68 of the Income Tax Act,
1961. In the assessee's Cross Objection, the grounds raised relate to
validity of reopening of assessment u/s 148/147 of the Income Tax Act,
1961.
3. At the very outset, the Ld.Counsel for the assessee submitted that the
tax effect in the appeal of the Revenue, is below the prescribed limit of Rs.4
lakhs for filing of appeal before the ITAT. The CBDT in its Instruction No.
5/2014, prescribed the revised monetary limit for filing appeal to Tribunal
at Rs.4 lacs. It was contended that this revised monetary limits are
applicable to pending cases.
4. Ms.Y.Kakkar, Ld.Sr.D.R. was heard on behalf of the Revenue. She
submitted that the revised limits are not applicable to pending cases.
ITA No. 5537/Del/2013 &
C.O. 93/Del/14 (In ITA 5537/Del/13)
AY: 2003-04
5. We have heard rival contentions and perused the material on record.
The Tribunal, in the case of "DCIT vs. Sushila Saraogi (2014) (11) TMI 294"
ITAT Kolkata, after considering the precedents on the 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
Jurisdictional 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. We respectfully follow the Co-Ordinate Bench Order. In the
instant case, as the tax effect being below Rs. 4 lacs, we without going into
the issue on merit, dismiss the appeal of the Revenue in limine as not
maintainable. It is to be mentioned that the Ld.DR was unable to point out
any exceptional circumstances, mentioned in Board Instruction no.5 of
2014 that have led to filing of this appeal, despite the fact of the monetary
limit being below the prescribed limit.
6. Since the Revenue 's appeal is dismissed in limine the assessee's C.O.
is not taken up for adjudication.
7. In the result both the Revenue 's appeal and the assessee's C.O. are
dismissed.
Order pronounced in the Open Court on 16th January, 2015.
Sd/- Sd/-
(A.T. VARKEY) (J.SUDHAKAR REDDY)
JUDICIAL MEMBER ACCOUNTANT MEMBER
Dated: the 16th January, 2015
*manga
Copy of the Order forwarded to:
1.Appellant; 2.Respondent; 3.CIT; 4.CIT(A); 5.DR; 6.Guard File
By Order
Asst. Registrar
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