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 ITO vs. Vikram A. Pradhan (ITAT Mumbai)

DCIT, Circle 15(1) C.R.Bldg., IP Estate New Delhi. Vs. M/s Roop Polymers Ltd., 2740/33, Hasan Building, 2nd Floor, Kashmere Gate, Delhi-110006
July, 08th 2015
ITA No. 4103/Del/2010
Asstt.Year: 2001-02

              IN THE INCOME TAX APPELLATE TRIBUNAL
                    DELHI BENCH `F', NEW DELHI

      BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER
         AND SHRI C.M. GARG, JUDICIAL MEMBER

                        ITA No. 4103/Del/2010
                        ASSTT. YEAR: 2001-02

DCIT, Circle 15(1)              vs.    M/s Roop Polymers Ltd.,
C.R.Bldg., IP Estate                   2740/33, Hasan Building, 2nd Floor,
New Delhi.                             Kashmere Gate, Delhi-110006
                                       (PAN: AAACR5365C)

(Appellant)                            (Respondent)

          Appellant by : Sh. Vikram Sahay, Sr. D.R.
          Respondent by : Shri Chander Shekhar, CA

                                      ORDER


PER CHANDRAMOHAN GARG, MEMBER


      This appeal is filed by the Revenue against the order dated 03.05.2010

of Ld.CIT(A)-XVIII, New Delhi pertaining to the Assessment Year 2001-02.





2.    We have heard arguments of both the sides and carefully perused the

relevant material placed on record.         Ld. Counsel of the assessee placed

calculation of tax effect and submitted that total tax effect in this case is less

than Rs. 4 lakh and in view of the recent Instruction No.5/2014 issued by CBDT

on 10.7.2014 revising the limitation for filing of appeal before ITAT fixing the

tax effect limit at Rs. 4 lakh, the appeal of the revenue is not maintainable and


                                        1
ITA No. 4103/Del/2010
Asstt.Year: 2001-02

liable to be dismissed in limine. On specific query from the Bench, ld. DR

fairly accepted that total tax effect in this appeal is less than Rs. 4 lakh.


3.    Ld. Counsel of the assessee placing reliance on the recent decision of CIT

vs M/s P.S. Jain and Co. Dated 2.8.2010 in ITR 179/1991 submitted that the

recent Board Instruction revising the monetary limit to Rs. 4 lakh for filing the

appeal before the ITAT on income tax matters is very much applicable to the

old references which are still pending undecided before the Tribunal. Ld. DR

fairly accepted that the Board Instruction No. 5/2014 issued by CBDT on

10.7.2014 is applicable to the present case.




4.    In view of above noted submissions of both the sides, we are inclined to

hold that there is no justification to proceed with the cases having tax effect of

less than Rs. 4 lakh. In view of above, respectfully following the decision of

Hon'ble Jurisdictional High Court of Delhi in the case of CIT vs M/s P.S. Jain

& Co. (supra), we hold that this being a low tax effect case, the appeal of the

revenue deserves to be dismissed and we dismiss the same in limine without

going into merits.


5.    In the result, the appeal of the revenue is dismissed.




                                           2
ITA No. 4103/Del/2010
Asstt.Year: 2001-02

        Order pronounced in the open court on 07/07/2015.


    Sd/-                                          Sd/-


( J.S. REDDY )                             (CHANDRAMOHAN GARG)
ACCOUNTANT MEMBER                             JUDICIAL MEMBER

DT. 07th JULY 2015
`GS'


Copy forwarded to:-

   1.   Appellant
   2.   Respondent
   3.   CIT(A)
   4.   CIT
   5.   DR



                                            By Order



                                            Asstt. Registrar




                                       3

 
 
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