Kalika Marble & Home Creation, ... vs Department Of Income Tax

Income Tax Officer, vs M/s Kalika Marble & Home Creation, Ward-1(1), Opp. Mansarover Colony, Moradabad. Delhi Road, Moradabad. (PAN: AAHFK2420M) (Appellant) (Respondent) Appellant by: Shri Gaurav Dudeja, Sr. DR Respondent by: Shri Piyush Kaushik , Adv.

ORDER

PER C.M. GARG, JUDICIAL MEMBER

This appeal has been preferred by the revenue against the order of the

CIT(A)- Bareilly dated 3.4.2013 in Appeal No.1121/Addl.CIT-R.I/Mbd/11-12

for AY 2009-10.

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

Rs.3,09,000 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 4089/Del/2013 Asstt.Year: 2009-10

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

fairly accepted that total tax effect in this appeal is Rs. 3,09,000 which 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 4089/Del/2013 Asstt.Year: 2009-10

Order pronounced in the open court on 9.2.2015.

Sd/- Sd/-

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

DT. 9th FEBRUARY 2015 'GS'

Copy forwarded to:-

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

By Order

Asstt. Registrar

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