DCIT, Circle-1(1) New Delhi Vs. Amarjyoti India Pvt. Ltd., K-27, Mandir Wali Gali, 3rd Floor, Behind Indus Valley School,
July, 17th 2015
IN THE INCOME TAX APPELLATE TRIBUNAL
DELHI BENCH `SMC-II', NEW DELHI
BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER
ITA No. 5379/Del/2014
Assessment Year: 2007-08
DCIT, Vs. Amarjyoti India Pvt. Ltd.,
Circle-1(1) K-27, Mandir Wali Gali,
New Delhi 3rd Floor, Behind Indus Valley
School, Mahipalpur Extn,
Appellant by : Sh. Manoj Kr. Chopra, Sr. DR
Respondent by : None
Date of Hearing : 13.07.2015
Date of pronouncement : 16.07.2015
This appeal is filed by the Revenue against the order dated 18.07.2014 of
Ld.CIT(A)-IV, New Delhi pertaining to the Assessment Year 2007-08.
2. The grounds raised by the Revenue are as under:
"1. On the facts and in the circumstances of the case as well as in
law, the ld CIT(A) has erred in deleting the penalty u/s 272A(2)(k)
of the Act on account of late filing of statement in Form 24Q and
26Q for all quarter of Financial Year 2007-08.
2. The appellant is a renowned Public Broadcaster and have sufficient
financial and technical support. Therefore, the learned CIT(A) has
erred in holding that there was reasonable cause for filing the
statement belatedly due to in adequate technical persona and
regular change of staff."
3. None was present on behalf of the respondent. We dispose off this case
ex-parte. We have heard Sh. Manoj Kr. Chopra, Sr. DR on behalf of the
assessee. On a query from the Bench the Ld.D.R. vehemently contended that
the tax effect in the case on hand is more than the limit prescribed by the
CBDT at the time of filing of the appeal and that the fresh Circular of the CBDT
clearly mentions that the tax effect limit of Rs.4 lakhs is prospective in nature
and hence the limits prescribed in the Circular cannot be applied to appeals
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filed for the earlier Assessment Years i.e. 2008-09. It contended that the limit
applies to appeals filed after the date of the Circular.
4. After hearing the Ld.Sr.D.R. and perusing the material on record we hold
as follows. The Tribunal, in the case of "DCIT vs. Sushila Saraogi (2014) (11)
TMI 294" ITAT Kolkata, after considering the precedents on the subject, held
that the Instruction no.5/14, issued by the CBDT on 10.7.2014 is applicable to
the pending appeals. The Tribunal followed the proposition laid down in the
judgements of various High Courts, including the two judgements of the
Jurisdictional High Court in the case of CIT vs. M/s PS Jain & Co. in ITA
179/1991 dt. 2.8.2010 and in the case of CIT vs. Delhi Race Club Ltd. dt.
3.3.2011. We respectfully follow the Co-Ordinate Bench Order. In the instant
cases, as the tax effect being below Rs. 4 lacs, we without going into the issue
on merits, dismiss the appeals of the Revenue in limine as not maintainable. It
is to be mentioned that the Ld. Sr.DR was unable to point out any exceptional
circumstances, mentioned in Board Instruction no.5 of 2014 that have led to
filing of this appeal, despite the fact that the monetary limit being below the
5. In the result the appeal filed by the Revenue stands dismissed.
Order pronounced in the Open Court on 16th July, 2015.
(J. SUDHAKAR REDDY)
Dated:16th July, 2015
Copy forwarded to: -
5. DR, ITAT