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ITO, Ward 40(3), Room No. 307, Mayur Bhavan, vs. Sh. Mohan Lal Walia, Through L/H Mrs. Prem Walia, G-251, Palam Vihar, Gurgaon,
May, 23rd 2012
                                                              ITA NO. 2939/DEL/2011


                   IN THE INCOME TAX APPELLATE TRIBUNAL
                         DELHI BENCH "E" NEW DELHI
                   BEFORE SHRI A.D. JAIN, JUDICIAL MEMBER
                                       AND
                 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,
                                            Haryana
                                            (PAN/GIR NO. : AAKPW 5557G)

(Appellant)                                  (Respondent)


           Assessee by                   :   Sh. Satish Aggarwal, CA
          Department by                  :   Sh. R.S. Negi, Sr. D.R.


                                       ORDER
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."

                                        1
                                                                  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
        August, 2010.

(ii)    C.I.T. vs. Delhi Race Club in ITA No. 128/2008, order dated 3rd March,
        2011.

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.

        d/-
      Sd/-                                                     Sd/-
                                                               Sd/-
       JAIN]
 [A.D. JAIN]                                              [SHAMIM YAHYA]
JUDICIAL MEMBER                                        ACCOUNTANT MEMBER

Date:- 22/5/2012
SRBhatnagar
Copy forwarded to: -
1.      Appellant   2.    Respondent         3.     CIT   4.      CIT (A)
5.      DR, ITAT
                                TRUE COPY

                                                          By Order,
                                                                 Assistant Registrar,
                                                                ITAT, Delhi Benches



                                         2
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