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Assistant Commissioner of Income Tax,Circle-28(1),Circle-New Delhi. Vs. Shri Ram Prakash Arora,60/8A, Ramjas Road, Karol Bagh,New Delhi 110 005.
August, 24th 2012
                IN THE INCOME TAX APPELLATE TRIBUNAL
                                  `F' : NEW DELHI
                      DELHI BENCH `F


                        G.D.AGRAWAL, VICE PRESIDENT AND
            BEFORE SHRI G.D.AGRAWAL,
                             YADAV, JUDICIAL MEMBER
                 SHRI RAJPAL YADAV,


                             No.3028/Del/2012
                         ITA No.3028/Del/2012
                                         2009-10
                       Assessment Year : 2009-


Assistant Commissioner of       Vs.    Shri Ram Prakash Arora,
Income Tax,                            60/8A, Ramjas Road,
Circle-28(1),
Circle-                                Karol Bagh,
New Delhi.                             New Delhi ­ 110 005.
                                       PAN : AAFPA3681A.

      (Appellant)                          (Respondent)


              Appellant by       :    Shri Sudesh Garg, DR.
              Respondent by      :    Shri B.K.Manjani, Advocate.





                                 ORDER

    G.D.AGRAWAL,
      D.AGRAWAL, VP :
PER G.D.AGRA

       This appeal by the Revenue is directed against the order of
learned CIT(A)-XXV, New Delhi dated 30th April, 2012 for the AY 2009-
10.


2.     At the outset, the learned counsel for the assessee stated that as
per Instruction No.3/2011 dated 09th February, 2011 of Central Board
of Direct Taxes, the revised limit for preferring revenue's appeals has
been increased from `2 lacs to `3 lacs, although the tax effect in the
present appeal of the Revenue works out to `8,188/-, which is below
the prescribed limit of `3 lacs. The working of said tax effect submitted
by him is as under:-
                                      2                       ITA-3028/Del/2012







Details of Tax Effect

Relief granted by CIT Appeal by way of directing
the AO to compute the long term capital gain
in respect of property bearing No.XVI/2645,
Bank Street, Karol Bagh, New Delhi by applying
Index of 01/04/1981 instead of 11/11/1983 in
respect of earnest money (advance) of Rs.51,000/-
paid 11/10/1975

Cost by Index
As per assessment order         51000 x 116
                                   582                  Rs.2,55,8798/-

Cost by Index
As per CIT(A) direction         51000 x 100
                                   582                  Rs.2,96,820/-
                                                        -------------------
Relief granted by CIT(Appeal)                           Rs.40,941/-
                                                        -------------------

Tax Effect @ 20% of Rs.40,941/-             =           Rs.8,188/-



3.       In view thereof, the learned counsel pleaded that the revenue's
appeal may be dismissed as the tax effect being below the prescribed
limit.

4.       The learned Departmental Representative, on the other hand,
stated that since Revenue has filed the appeal, it should be decided on
merit.


5.       We have heard both the sides and perused the material placed
before us. The CBDT, vide above Instruction has clearly laid down that
the Revenue should not prefer appeals against assessees before the
ITAT if the tax effect involved in the appeal, excluding interest, is less
than `3 lacs. The tax payable in the present appeal being below `3
                                     3                       ITA-3028/Del/2012


lacs, the appeal of the Revenue is dismissed as not maintainable in
view of the said CBDT Instruction.


6.    In the result, the appeal of the Revenue is dismissed.
      Decision pronounced in the open Court on conclusion of hearing
on 22nd August, 2012.


                    Sd/-                              Sd/-
                 YADAV)
         (RAJPAL YADAV)                       (G.D.AGRAWAL)
        JUDICIAL MEMBER                       VICE PRESIDENT

Dated : 22.08.2012
VK.

Copy forwarded to: -

1.    Appellant :  Assistant Commissioner of
                   Income Tax,
                   Circle-
                   Circle-28(1), New Delhi.
2.                      Ram Prakash Arora,
      Respondent : Shri Ram
                   60/8A, Ramjas Road,
                   Karol Bagh, New Delhi ­ 110 005.

3.    CIT
4.    CIT(A)
5.    DR, ITAT

                              Assistant Registrar
 
 
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