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« ACIT, Circle 15(1), C.R. Bldg., I.P. Estate, New Delhi. Vs.... | The ITO Ward 19(3)(2), 3rd Floor, Piramal Chamber, Room... » |
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 |
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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
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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.
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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
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