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Mool Chand M/s Mittal Properties 93, Hari Nagar, Ashram New Delhi 110 014 Vs. ITO, Ward 32(1) C.R.building New Delhi 110 002
July, 31st 2015
                        DELHI BENCH `E', NEW DELHI


                              ITA No. 5412/Del/2010
                                    AY: 2006-07

Mool Chand                           vs.   ITO, Ward 32(1)
M/s Mittal Properties                      C.R.building
93, Hari Nagar, Ashram                     New Delhi 110 002
New Delhi 110 014


                          ITA No. 5255/Del/2010
                                 AY: 2006-07

ITO, Ward 32(1)                      vs.   Mool Chand
New Delhi                                  New Delhi

(Appellant)                                (Respondent)

           Assessee by   : Sh. Ankit Gupta, Adv.
           Dept. by : Sh. P.Damkanunja, Sr.D.R.



      These are Cross Appeals.     ITA 5255/Del/2010 is Revenue 's appeal
and ITA no.5412/Del/2010 is an appeal filed by the assessee against the
order of Ld.CIT(A)-XXVI, New Delhi dated 16.9.2010 pertaining to the A.Y.

2.    We have heard Shri Ankit Gupta, Ld.Counsel for the assessee and
Shri P.Damkanunjna, Ld.Sr.D.R. on behalf of the Revenue.

3.    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
                                 ITA 5412/Del/2010
                                 ITA 5255/Del/2010
                             Sh. Mool Chand, New Delhi
                                    A.Y. 2006-07
prescribed in the Circular cannot be applied to appeals filed for the earlier
Assessment Years and contended that the limit applies to appeals filed after the
date of the Circular.

3.1.   The Ld.Counsel for the assessee submitted that the tax effect in the appeals
of the Revenue, is below the prescribed limit of Rs.4 lakhs for filing of appeal before
the ITAT.   The   CBDT in its    Instruction No. 5/2014,        prescribed the revised
monetary limit for filing appeal to Tribunal at Rs.4 lacs. It was contended that this
revised monetary limits are applicable to pending cases.

4.     We have heard rival contentions and perused the material on record. 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.DR was unable to
point out any exceptional circumstances, mentioned in Board Instruction no.5 of
2014 that have led to filing of these appeals, despite the fact of the monetary   limit
being below the prescribed limit.

5.     In the result the appeal filed by the Revenue stands dismissed.
6.     Coming to assessee's appeal i.e. ITA 5412/Del/2010 for the A.Y.

2006-07, after hearing rival contentions we hold as follows.

7.     Ground nos. 1 and 2 are general in nature.

8.     In ground no.3 the assessee contests the partial disallowance
sustained by the First Appellate Authority. Similarly ground nos. 4 and 5

                                        ITA 5412/Del/2010
                                        ITA 5255/Del/2010
                                    Sh. Mool Chand, New Delhi
                                           A.Y. 2006-07
       are against upholding addition of Rs.92,120/- and Rs.29,40,850/- by the
       First Appellate Authority. The Ld.Counsel submitted that there is no basis
       whatsoever for the First Appellate Authority to sustain these additions. On
       a query from the Bench he submitted that in view of the smallness of the
       amount and on a condition that it would not be a precedent, he would not
       press the ground. In view of the above submission we dismiss this appeal of
       the assessee.

       9.    In the result assesse 's appeal is dismissed.

       10.   In the result the appeal filed by the assessee as well as the appeal filed
       by the Revenue both are dismissed.

             Order pronounced in the Open Court on 29th June, 2015.

                   Sd/-                                      Sd/-
           (I.C. SUDHIR)                           (J. SUDHAKAR REDDY)
        JUDICIAL MEMBER                            ACCOUNTANT MEMBER

Dated: 29th June, 2015

·   Manga

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

                                                                     By Order,

                                                                ASSISTANT REGISTRAR

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