Miss Lucy
← All judgments

Rana Ceramics Products India (P) Ltd., ... vs Department Of Income Tax

Income Tax Appellate Tribunal1 May 2015

Ratio decidendi

The rule this decision rests on

The Revenue's appeal is not maintainable where the tax effect of the grounds raised is below the monetary limit prescribed by CBDT Instruction No. 5/2014 dated 10.07.2014; that instruction, having been given statutory force by section 268A of the Income-tax Act, 1961, bars the Revenue from preferring such an appeal to the Tribunal, and it applies equally to appeals pending on the date of the instruction. Where the assessee does not pursue its cross-objection, the cross-objection is dismissed along with the Revenue's appeal, the assessee having withdrawn it in view of the non-maintainability of the appeal.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

IN THE INCOME TAX APPELLATE TRIBUNAL(DELHI BENCH "F" NEW DELHI)BEFORE SHRI I.C. SUDHIR AND SHRI J.S. REDDY

ITA No. 5545/Del/2010 Assessment Year: 2006-07 Assistant CIT, Vs. Rana Ceramics Products India Circle-2, (P) Ltd., Meerut Road, Muzaffarnagar. Muzaffarnagar. (PAN: AACCR9284J) (Appellant) (Respondent)

Cross Objection No. 21/Del/2011 Assessment Year: 2006-07 Rana Ceramics Products India Vs. Assistant CIT, (P) Ltd., Meerut Road, Circle-2, Muzaffarnagar. Muzaffarnagar. (PAN: AACCR9284J) (Appellant) (Respondent)

Department by: Shri Vikram Sohay, Sr. DR Assessee by: Shri Ankit Gupta, Adv.

Date of hearing : 27.04.2015 Date of pronouncement: 01:05.2015

ORDER

PER I.C. SUDHIR: JUDICIAL MEMBER At the outset of hearing, the Learned AR pointed out that the tax

effect of the grounds raised in the appeal preferred by the Revenue is below

Rs.4 lacs, hence, as per the latest CBDT Instruction No. 5/2014 dated

10.07.2014, the present appeal is not maintainable. 2

2. The Senior DR did not object the above submissions of the Learned

AR about the tax effect having below Rs.4 lacs in the grounds of the appeal.

He has, however, placed reliance on the assessment order.

3. In the present appeal, the Revenue has questioned deletion of addition

of Rs.10,11,396 in total by the Learned CIT(Appeals). The tax effect thereof

is below Rs.4 lacs. As per the latest CBDT Instruction No. 5/2014 dated

10.7.2014, the Revenue is not supposed to prefer appeal having tax effect

below Rs. 4 lacs against the First Appellate Order before the ITAT. This

instruction regarding the pecuniary limit for preferring the appeal before the

ITAT by the Revenue has now statutory force under sec. 268A of the

Income-tax Act, 1961. Thus, present appeal has been preferred by the

Revenue in violation of the said instruction as the said instruction is also

applicable in the pending appeals as per the decisions of Hon'ble

jurisdictional Delhi High Court in the case of CIT vs. M/s. P.S. Jain & Co. in

ITA No. 179/1991 dated 02.08.2010 and in the case of CIT vs. Delhi Race

Club Ltd. - order dated 03.03.2011.The present appeal is thus not

maintainable and it is dismissed as such.

C.O. No. 21/Del/2011:

3. The Learned AR pointed out further that the assessee does not wish to

pursue cross objection due to smallness of amount added under sec. 40A(3) 3

of the Income-tax Act, 1961, keeping it in view that the appeal preferred by

the Revenue is not maintainable due to low tax effect.

4. In result, both the appeal and cross objection are dismissed.

Decision pronounced in the open court on 01.05.2015

Sd/- Sd/-

( J.S.REDDY ) ( I.C. SUDHIR ) ACCOUNTANT MEMBER JUDICIAL MEMBER

Dated: 01 /05/2015 Mohan Lal

Copy forwarded to: 1) Appellant 2) Respondent 3) CIT 4) CIT(Appeals) 5) DR:ITAT ASSISTANT REGISTRAR

Date Draft dictated on computer 29 .04.2015 Draft placed before author 29.04.2015

Draft proposed & placed before the second 01.05.2015 member Draft discussed/approved by Second Member. Approved Draft comes to the Sr.PS/PS 05.05.2015 Kept for pronouncement on 01.05.2015 File sent to the Bench Clerk 05.05.2015 Date on which file goes to the AR Date on which file goes to the Head Clerk.

Date of dispatch of Order.

This page reproduces a public judgment and a summary of it. It is research material, not legal advice, and it is no substitute for advice from an advocate on your own facts.

Research this judgment with Miss Lucy

Ask what it holds, what has followed it, and what it means for your matter — in plain English, with the citations.

Try Miss Lucy free