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ITO, Ward 28(1),Room No. 213, 2nd floor,Drum Shape Building,New Delhi vs. M/s Indraprastha Suppliers,509, Khari Baoli, Delhi
June, 08th 2012
                                                                ITA NO. 1543/DEL/2012 &
                                                                   CO. NO. 185/DEL/2012


                 IN THE INCOME TAX APPELLATE TRIBUNAL
                           DELHI BENCH "C" NEW DELHI
           BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER
                                      AND
                    SHRI C.M. GARG, JUDICIAL MEMBER
                             I.T.A. No. 1543/Del/2012
                                  A.Y. : 2008-09
ITO, Ward 28(1),                        vs. M/s Indraprastha Suppliers,
Room No. 213, 2nd floor,                    509, Khari Baoli, Delhi
Drum Shape Building,                        (PAN/GIR NO. : AAAFI-1195E)
New Delhi
                                      AND
                     Cross Objection No. 185/Del/2012
                        (IN ITA No. 1543/Del/2012)
                               A.Y.. : 2008-09
M/s Indraprastha Suppliers,             vs. ITO, Ward 28(1),
509, Khari Baoli,                           New Delhi
Delhi

(Appellant )                                 (Respondent )

           Assessee by                   :   Sh. Avdesh Bansal, CA
          Department by                  :   Sh. RIS Gill, Sr. D.R.


                                ORDER
PER SHAMIM YAHYA : AM



     
2.   The grounds raised in the Revenue's appeal read as under:-






                                        1
                                                            ITA NO. 1543/DEL/2012 &
                                                               CO. NO. 185/DEL/2012


      "(i)   On the facts and circumstances of the case,              the Ld.
             Commissioner of Income Tax (Appeals)-XXV, New Delhi
             erred in deleting the addition of ` 5,62,281/- made by the
             AO on account of treating the sale of land as sale of
             business asset and directing the AO to assess it as Long
             Term Capital Gain.

      (ii)   The appellant craves leave for reserving the right to amend,
             modify, alter, add or forego any ground(s) of appeal at any
             time before or during the hearing of this appeal."

3.    The grounds raised in the Assessee's Cross objection read as
under:-

      (i)    That the Ld. AO erred in law and on facts in preferring the
             present appeal in violation of instruction   no. 3 dated 9th
             Feb., 2011 issued by CBDT vide F.No. 279/Misc. 142/2007-
             ITJ.

                    It is prayed that the Departmental appeal         may be
             held as non-maintainable or any other relief which may he
             deemed on fit be provided."

4.    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:-







                                        2
                                                                ITA NO. 1543/DEL/2012 &
                                                                   CO. NO. 185/DEL/2012


(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.

4.1    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.

5.     In the Cross Objection assessee had pleaded that the appeal should be
dismissed on account of low tax effect. Since we have already dismissed the
Revenue's appeal on account of tax effect.           Hence, the Cross objection
stands allowed.

6.     In the result, the Revenue's appeal stands dismissed and assessee's
Cross objection stands allowed.

       Order pronounced in the Open Court on 06/6/2012.


        Sd/-                                            Sd/-

      GARG]
[C.M. GARG]                                      [SHAMIM YAHYA]
JUDICIAL MEMBER                                  ACCOUNTANT MEMBER
Date 06/6/2012
SRBHATNAGAR
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




                                        3
 
 
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