ITA NO. 2939/DEL/2011
IN THE INCOME TAX APPELLATE TRIBUNAL
DELHI BENCH "E" NEW DELHI
BEFORE SHRI A.D. JAIN, JUDICIAL MEMBER
SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER
I.T.A. No. 2939/Del/2011
A.Y. : 2004-05
ITO, Ward 40(3), vs. Sh. Mohan Lal Walia,
Room No. 307, Mayur Bhavan, Through L/H Mrs. Prem Walia,
New Delhi 110 001 G-251, Palam Vihar, Gurgaon,
(PAN/GIR NO. : AAKPW 5557G)
Assessee by : Sh. Satish Aggarwal, CA
Department by : Sh. R.S. Negi, Sr. D.R.
PER SHAMIM YAHYA : AM
This appeal by the Revenue is directed against the order of the Ld.
Commissioner of Income Tax (Appeals)-XXVII, New Delhi dated 21.1.2008 for
the assessment year 2004-05.
2. The grounds raised in the appeal read as under:-
"On the facts and in the circumstances of the case, the Ld.
Commissioner of Income Tax (Appeals) has erred in :-
Deleting the addition of ` 6,33,212/- made by the
Assessing Officer on account of Long Term Capital Gain
u/s. 50C(1) of the Income Tax Act, 1961.
The appellant craves the right to alter, amend, add or
substitute the grounds of appeal."
ITA NO. 2939/DEL/2011
3. At the threshold, we note that tax effect in this case is less than
` 3 lacs fixed by the CBDT for filing appeal before the tribunal. As per
Instruction No. 3/2011 (F.No. 279/Misc./142/2007-ITJ) dated 09.02.2011
issued by the CBDT, the tax effect for filing appeal before the Appellate
Tribunal should be more than ` 3 lakhs. The aforesaid instructions have
been held to be applicable to all pending appeals by the Hon'ble Delhi High
Court in the decisions in the cases:-
(i) C.I.T. vs. M/s P.S. Jain & Co. in ITA No. 179/1991, order dated 2nd
(ii) C.I.T. vs. Delhi Race Club in ITA No. 128/2008, order dated 3rd March,
3.1 In the present case, admittedly the tax is below
` 3 lakhs. Hence, the appeal is in contravention of the aforesaid CBDT
Circular/Instruction. Hence, the same is liable to be dismissed. Accordingly,
this appeal by the revenue stands dismissed for tax effect.
4. In the result, the appeal filed by the Revenue stands dismissed.
Order pronounced in the open court on 22/5/2012.
[A.D. JAIN] [SHAMIM YAHYA]
JUDICIAL MEMBER ACCOUNTANT MEMBER
Copy forwarded to: -
1. Appellant 2. Respondent 3. CIT 4. CIT (A)
5. DR, ITAT
ITAT, Delhi Benches