Prudent Corporate Advisory Service ... vs Department Of Income Tax
- CitationITA No. 1392/Ahd/2010
Ratio decidendi
The rule this decision rests on
The Revenue's appeal before the Tribunal is not maintainable where the tax effect involved in the appeal, excluding interest, is below the monetary limit prescribed by the Central Board of Direct Taxes in its instruction for filing departmental appeals; the Tribunal dismisses such an appeal on that ground, the CBDT instruction being binding on the Revenue's filing of appeals.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE INCOME TAX APPELLATE TRIBUNAL "B" BENCH, AHMEDABAD BEFORE SHRI G.D. AGRAWAL, VICE PRESIDENT AND SHRI RAJPAL YADAV, JUDICIAL MEMBER ITA No. 1392/Ahd/2010 िनधा रण वष /Assessment Year: 2007-08 DCIT, Vs. M/s. Prudent Corporate Advisory Central Circle 1 (1), Service Ltd., Ahmedabad 701, Seas Tower, Gulbai Tekra Road, Off. C.G. Road, Ahmedabad PAN : AADCP 1830 B
अपीलाथ / अपीलाथ / (Appellant) ू यथ यथ / थ / (Respondent)
Revenue by : Shri Roopchand, Sr. DR Assessee(s) by : Shri M. K. Patel, AR सु नवाई क! तार#ख / Date of Hearing : 23/04/2015 घोषणा क! तार#ख / Date of Pronouncement: 24/04/2015
आदे श/O R D E R
PER G.D. AGRAWAL, VICE PRESIDENT:
This is an appeal filed by the Revenue and is directed against the order of the Commissioner of Income-tax(Appeals)-I, Ahmedabad dated 15.03.2010 pertaining to the Assessment Year 2007-08.
2. At the outset, the ld. Counsel for the assessee contended that as per Central Board of Direct Taxes, Instruction No.3/2011 dated 9th February, 2011, the revised limit for preferring Revenue's appeals is Rs. 3 lacs. That the tax effect in the present Revenue's appeal is Rs.2,44,649/- which is below the prescribed limit of Rs. 3 lacs. He has also submitted a working of the ITA No.1392/Ahd/2010 DCIT v. Prudent Corporate Advisory Service Ltd AY: 2007-08 2
tax effect. In view thereof, the Revenue's appeal may be dismissed as the tax effect being below the prescribed limit.
3. The ld. Departmental Representative could not controvert the aforesaid submissions of the ld. Counsel for the assessee.
4. 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 ITAT if the tax effect involved in the appeal, excluding interest, is less than Rs. 3 lacs. The tax payable in the present appeal being below Rs. 3 lacs, the Revenue's appeal is not maintainable in view of CBDT Instruction.
5. In the result, the appeal of the Revenue is dismissed.
Order pronounced in the Court on 24th April, 2015 at Ahmedabad.
Sd/- Sd/-
(RAJPAL YADAV) (G.D. AGRAWAL) JUDICIAL MEMBER VICE-PRESIDENT Ahmedabad; Dated 24/04/2015 Biju T., PS
षत Copy आदे श क! ूितिल)प अमे)षत/ of the Order forwarded to : 1. अपीलाथ / The Appellant 2. ू यथ / The Respondent. 3. संबंिधत आयकर आयु, / Concerned CIT 4. आयकर आयु,(अपील) / The CIT(A)
5. )वभागीय ूितिनिध, आयकर अपीलीय अिधकरण, अहमदाबाद / DR, ITAT, Ahmedabad
6. गाड फाईल / Guard file.
/ BY ORDER, आदे शानु सार
TRUE COPY Dy./Asstt.Registrar) उप/सहायक पंजीकार ( उप/ अिधकरण, अहमदाबाद / आयकर अपीलीय अिधकरण, ITAT, Ahmedabad
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