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Assistant Commissioner of Income Tax, Circle- Circle-7(1), New Delhi Vs. M/s Saptgiri Commodity Pvt.Ltd., 77, Darya Ganj New Delhi.
January, 05th 2015
               IN THE INCOME TAX APPELLATE TRIBUNAL
                                `G' : NEW DELHI
                    DELHI BENCH `G'

           BEFORE SHRI I.C. SUDHIR, JUDICIAL MEMBER AND
              SHRI B.C. MEENA, ACCOUNTANT MEMBER

                             No.4372/Del/2013
                         ITA No.
                                         2006-
                                           06-07
                       Assessment Year : 2006


Assistant Commissioner of      Vs.    M/s Saptgiri Commodity Pvt.Ltd.,
Income Tax,                           77, Darya Ganj,
Circle-
Circle-7(1),                          New Delhi.
      Delhi.
New Delhi.                            PAN : AAICS8092H.
     (Appellant)                          (Respondent)

                                    No.04/Del/2014
                    Cross Objection No.0
                                         2006-07
                      Assessment Year : 2006-


M/s Saptgiri Commodity         Vs.    Assistant Commissioner of Income
Pvt.Ltd.,                             Tax,
77, Darya Ganj,                       Circle-
                                      Circle-7(1),
New Delhi.                            New Delhi.
PAN : AAICS8092H.
     (Appellant)                          (Respondent)

            Revenue by          :    Shri B.R.R. Kumar, Sr.DR.
            Assessee by         :    Shri J.S. Kochar, CA and
                                     Shri U.S. Kochar, Advocate.

                                ORDER

PER B.C. MEENA, AM :
      The appeal by the Revenue emanates from the order of learned
CIT(A)-X, New Delhi dated 3rd May, 2013 for the AY 2006-07.





2.    At the outset, the learned counsel for the assessee contends that
as per Central Board of Direct Taxes, Instruction No.3/2011 dated 09th
February, 2011, the revised limit for preferring revenue's appeals is `3
lacs. That the tax effect in the present revenue's appeal is below the
prescribed limit of `3 lacs. In view thereof, the revenue's appeal may
be dismissed as the tax effect being below the prescribed limit.
                                   2                        ITA-4372/Del/2013 &
                                                                 C.O. 4/Del/2014



3.    The learned Departmental Representative agrees to the said
position.


4.    We have heard both sides. The CBDT, vide above instruction has
clearly laid down that the revenue should not prefer appeals against
assessees before ITAT if the tax effect involved in the appeal,
excluding interest, is less than `3 lacs. The tax payable in the present
appeal being below `3 lacs, the revenue's appeal is dismissed as not
maintainable in view of CBDT Instruction.


5.    As we have dismissed the Revenue's appeal, the cross-objection
filed by the assessee has become infructuous and is accordingly
dismissed.





6.    In the result, the appeal of the Revenue and the cross-objection
of the assessee both are dismissed.
      Decision pronounced in the open Court on conclusion of hearing
on 1st January, 2015.


                 Sd/-                                Sd/-
                    SUDHIR)
              (I.C. SUDHIR)                           MEENA)
                                                (B.C. MEENA)
            JUDICIAL MEMBER                 ACCOUNTANT MEMBER

Dated : 01.01.2015
VK.

Copy forwarded to: -

1.    Appellant  : Assistant Commissioner of Income Tax,
                   Circle-7(1), New Delhi.
                   Circle
2.    Respondent : M/s Saptgiri Commodity Pvt.Ltd.,
                   77, Darya Ganj, New Delhi.
3.    CIT
4.    CIT(A)
5.    DR, ITAT

                              Assistant Registrar

 
 
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