Latest Expert Exchange Queries
sitemapHome | Registration | Job Portal for CA's | Expert Exchange | Currency Converter | Post Matrimonial Ads | Post Property Ads
 
 
News shortcuts: From the Courts | News Headlines | VAT (Value Added Tax) | Service Tax | Sales Tax | Placements & Empanelment | Various Acts & Rules | Latest Circulars | New Forms | Forex | Auditing | Direct Tax | Customs and Excise | ICAI | Corporate Law | Markets | Students | General | Indirect Tax | Mergers and Acquisitions | Continuing Prof. Edu. | Budget Extravaganza | Transfer Pricing
 
 
 
 
Popular Search: TDS :: empanelment :: list of goods taxed at 4% :: articles on VAT and GST in India :: Central Excise rule to resale the machines to a new company :: VAT RATES :: form 3cd :: due date for vat payment :: ACCOUNTING STANDARD :: VAT Audit :: ACCOUNTING STANDARDS :: TAX RATES - GOODS TAXABLE @ 4% :: cpt :: ICAI offer Get Windows 7,Office 2010 in Rs.799 Taxes :: ARTICLES ON INPUT TAX CREDIT IN VAT
 
 
From the Courts »
 Reliance Communications Ltd vs. DDIT (ITAT Mumbai)
  Sushila Devi vs. CIT (Delhi High Court)
 Ashok Prapann Sharma vs. CIT (Supreme Court)a
  Vatsala Shenoy vs. JCIT (Supreme Court)
  Vatsala Shenoy vs. JCIT (Supreme Court)
 M.K.Overseas Pvt. Ltd. Vs. Pr.Commissioner Of Income Tax-06
 Arshia Ahmed Qureshi Vs. Pr. Commissioner Of Income Tax-21
 CHAUDHARY SKIN TRADING COMPANY Vs. PR. COMMISSIONER OF INCOME TAX-21
  Sushila Devi vs. CIT (Delhi High Court)
  Vatsala Shenoy vs. JCIT (Supreme Court)
 Deputy Director Of Income Tax Vs. Virage Logic International

Income Tax officer,Ward 43(3),New Delhi. Vs Shri Suresh Kumar Mittal,TP-11, Pitampura, Delhi-110034
October, 12th 2012
                                     1         ITA No.5034/D/2011 & CO 1/D/2012
                                                              Asstt. Year: 2007-08

            IN THE INCOME TAX APPELLATE TRIBUNAL
                     DELHI BENCH `G' NEW DELHI

           BEFORE SHRI R. K. GUPTA, JUDICIAL MEMBER
           SHRI S.V. MEHROTRA, ACCOUNTANT MEMBER

                          ITA NO. 5034/DEL/2011
                          ASSTT. YEAR: 2007-08

Income Tax officer,       Vs Shri Suresh Kumar Mittal,
Ward 43(3),                  TP-11, Pitampura,
New Delhi.                   Delhi-110034
                             (PAN: AAAPM4219R)

                            C.O. NO. 1/DEL/2012
                          (IN ITA NO. 5034/DEL/2011)
                            ASSTT. YEAR: 2007-08

Sh. Suresh Kumar Mittal     Vs Income Tax Officer,
New Delhi.                      New Delhi.
(Appellant)                    (Respondent)

                  Appellant by: Shri Satpal Singh, Sr.DR
                   Respondent by: Shri Deepak Bansal




                          O R D E R

PER R.K. GUPTA, JUDICIAL MEMBER

      This appeal is filed by the department and also by the assessee. The

appeal of the department and cross objection by the assessee are directed

against the order passed by CIT(A) dated 23/08/2011 for Asstt. Year 2007-

08.

2.    In the present case, we note that tax effect in the appeal of the

department is less than Rs. 2 lakh. The CBDT vide Instruction No.3 dated
                                      2           ITA No.5034/D/2011 & CO 1/D/2012
                                                                 Asstt. Year: 2007-08

9.2.2011, has instructed not to file the appeal by the revenue where tax effect

involved is not in excess of Rs.3,00,000/-. The revised limit vide Instruction

No.3 dated 9.2.2011 for filing appeal before the Tribunal, High Court and

Supreme Court is as under:-

      "Before the Income Tax Appellate Tribunal :           Rs.3 lakhs,
      Appeals u/s 260A of the IT Act
      Before the Hon'ble High Court              :          Rs.10 lakhs and
      Before the Hon'ble Supreme Court          :           Rs.25 lakhs"


3.    It is seen that the Hon'ble High Court of Delhi in the case of CIT Vs.

Delhi Race Club Ltd. in ITA No.128/2008, dated 3rd March, 2011, has held

as under:-

      "The tax effect involved in the present appeal is Rs.4,65,860/-.
      As per recent guidelines of the CBDT, appeal in those cases
      where the tax effect is less than 10 lacs, are not to be
      entertained.

      This Court in the case of Commissioner of Income-tax-III v.
      M/s. P.S. Jain and Co. being No.179/1991 decided on 2nd
      August, 2010 has taken a view that such circular would also
      apply to pending cases."

Since in the present case, the above revised instruction is fully applicable in

view of the judgment of the Hon'ble Delhi High Court (supra), hence in our

opinion the Revenue's appeal is not maintainable in view of the said

Circular of the CBDT.
                                      3           ITA No.5034/D/2011 & CO 1/D/2012
                                                                 Asstt. Year: 2007-08

4.     The Cross Objection filed by the assessee is in support of the order of

the Commissioner of Income Tax(A) which does not require any

adjudication upon. Accordingly, the same is also dismissed.

5.     In the result, the appeal filed by the revenue and the assessee are




dismissed.

       Order pronounced in the Open Court on 10.10.2012.


          Sd/-                                           Sd/-
  (S.V. MEHROTRA)                                  ( R.K. GUPTA)
ACCOUNTANT MEMBER                               JUDICIAL MEMBER

DT. 10th OCTOBER, 2012
`GS'

Copy forwarded to:-

1.   Appellant
2.   Respondent
3.   C.I.T.(A)
4.   C.I.T.
5.   DR

                                          By Order


                                       Dy.Registrar
 
 
Home | About Us | Terms and Conditions | Contact Us
Copyright 2016 CAinINDIA All Right Reserved.
Designed and Developed by Binarysoft Technologies Pvt. Ltd.
Software Work Flow Workflow Software Software Automation Workflow automation Software Design Workflow Design Business Work Flow Workflow automation tools

Transfer Pricing | International Taxation | Business Consulting | Corporate Compliance and Consulting | Assurance and Risk Advisory | Indirect Taxes | Direct Taxes | Transaction Advisory | Regular Compliance and Reporting | Tax Assessments | International Taxation Advisory | Capital Structuring | Withholding tax advisory | Expatriate Tax Reporting | Litigation | Badges | Club Badges | Seals | Military Insignias | Emblems | Family Crest | Software Development India | Software Development Company | SEO Company | Web Application Development | MLM Software | MLM Solutions