ITO, New Delhi v. M/s. Ranutrol Instrumentation Ltd., New Delhi

ITA 3931/DEL/2010 | 1992-1993
Pronouncement Date: 20-10-2010 | Result: Dismissed

Appeal Details

RSA Number 393120114 RSA 2010
Assessee PAN AAACR1597C
Bench Delhi
Appeal Number ITA 3931/DEL/2010
Duration Of Justice 2 month(s)
Appellant ITO, New Delhi
Respondent M/s. Ranutrol Instrumentation Ltd., New Delhi
Appeal Type Income Tax Appeal
Pronouncement Date 20-10-2010
Appeal Filed By Department
Order Result Dismissed
Bench Allotted F
Tribunal Order Date 20-10-2010
Assessment Year 1992-1993
Appeal Filed On 20-08-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH `F : NEW DELHI BEFORE SHRI C.L. SETHI JUDICIAL MEMBER AND SHRI SHAMIM YAHYA ACCOUNTANT MEMBER I.T.A.NO.3931/DEL/2010 ASSESSMENT YEAR : 1992-93 INCOME-TAX OFFICER M/S. RANUTROL INSTRUMENTATION LTD. WARD-15(2) NEW DELHI. VS. 414 NEW DELHI HOUSE 27 BARAKHAMBA ROAD NEW DELHI. PAN: AAACR1597C (APPELLANT) (RESPONDENT) APPELLANT BY : SMT. B ANITA DEVI NAOREM SR. DR. RESPONDENT BY : SHRI SAL IL AGGARWAL ADVOCATE. O R D E R PER C.L. SETHI JUDICIAL MEMBER. THE REVENUE IS IN APPEAL AGAINST THE ORDER DATED 31 .05.2010 PASSED BY THE LEARNED COMMISSIONER OF INCOME-TAX (APPEALS) P ERTAINING TO THE ASSESSMENT YEAR 1992-93. 2. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE M ATERIAL AVAILABLE ON RECORD. 3. AT THE OUTSET IT HAS BEEN NOTICED BY US THAT THE ADDITION IN DISPUTE IN THIS APPEAL IS ` 4 47 874/- ON WHICH TAX PAYABLE IS BELOW ` 2 LAKH. THEREFORE THIS APPEAL IS NOT MAINTAINABLE. THE CE NTRAL BOARD OF DIRECT TAXES (CBDT) VIDE INSTRUCTION NO.2 OF 2005 DATED 24 .10.2005 HAS DIRECTED 2 THE ASSESSING OFFICER NOT TO FILE FURTHER APPEAL BE FORE TRIBUNAL WHERE THE TAX EFFECT IS LESS THAN ` 2 LACS. HONBLE DELHI HIGH COURT IN THE CASE OF CI T VS. PRADEEP KUMAR GUPTA 207 CTR 115 HELD THAT WHERE TH E TAX EFFECT INVOLVED IN THE APPEAL FILED BY THE REVENUE BEING LESS THAN MONETARY LIMIT PRESCRIBED BY THE CBDT FOR FILING THE APPEAL BEFORE THE TRIBUN AL THE SAME WAS NOT MAINTAINABLE AND WAS LIABLE TO BE DISMISSED. IN TH E CASE OF CIT VS. RAJENDRA PRASAD SHARMA IN ITA NO.121/1999 THE HONBLE ALLAH ABAD HIGH COURT HAS DISMISSED THE APPEAL FILED BY THE REVENUE ON THE GR OUND THAT TAX LIABILITY IN THAT CASE WAS LESS THAN ` 5 LAKH. FOLLOWING THE DECISIONS OF HONBLE DELHI HIGH COURT AND HONBLE ALLAHABAD HIGH COURT WE HOL D THAT SINCE THE TAX EFFECT INVOLVED IN THIS APPEAL BEING LESS THAN ` .2 LAKHS THIS APPEAL IS NOT MAINTAINABLE. THEREFORE THE SAME IS DISMISSED. 4. IN THE RESULT THE APPEAL OF ASSESSEE IS DISMISS ED. 5. THIS DECISION WAS PRONOUNCED IN THE OPEN COURT O N 20 TH OCTOBER 2010 IMMEDIATELY AFTER THE HEARING WAS OVER. SD/- SD/- (SHAMIM YAHYA) (C.L. SETHI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 20 TH OCTOBER 2010. 3 ITA NO.3931/DEL/2010 COPY OF THE ORDER FORWARDED TO:- 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR BY ORDER *MG DEPUTY REGISTRAR ITAT.