ACIT Cir, v. Panipat Charitable Trust,

ITA 5566/DEL/2003 | 1993-1994
Pronouncement Date: 12-05-2010 | Result: Dismissed

Appeal Details

RSA Number 556620114 RSA 2003
Bench Delhi
Appeal Number ITA 5566/DEL/2003
Duration Of Justice 6 year(s) 4 month(s) 16 day(s)
Appellant ACIT Cir,
Respondent Panipat Charitable Trust,
Appeal Type Income Tax Appeal
Pronouncement Date 12-05-2010
Appeal Filed By Department
Order Result Dismissed
Bench Allotted E
Tribunal Order Date 12-05-2010
Date Of Final Hearing 13-05-2010
Next Hearing Date 13-05-2010
Assessment Year 1993-1994
Appeal Filed On 26-12-2003
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH E : NEW DELHI) BEFORE SHRI R.P. TOLANI JUDICIAL MEMBER AND SHRI SHAMIM YAHYA ACCOUNTANT MEMBER ITA NO.5566/DEL./2003 (ASSESSMENT YEAR : 1993-94) ACIT PANIPAT CIRCLE VS. M/S. PANIPAT CHARITABLE TRUST PANIPAT. DAYAL CHOWK PANIPAT. (APPELLANT) (RESPONDENT) ASSESSEE BY : NONE REVENUE BY : SHRI G.S. SAHOTA SENIOR DR ORDER PER R.P. TOLANI JUDICIAL MEMBER : THE REVENUE HAS FILED THIS APPEAL AGAINST THE ORDER OF CIT (APPEALS) FOR THE ASSESSMENT YEAR 1993-94. 2. THE ASSESSEE IS AN INDIVIDUAL. THE TAX PAYABLE ON THE AMOUNT DELETED BY THE CIT (APPEALS) COMES BELOW RS.2 LACS. THE CB DT VIDE INSTRUCTION NO. 2 DATED 24.10.2005 HAS INCREASED THE MONETARY L IMIT FROM RS.1 LAC TO RS.2 LAC FOR THE PURPOSE OF INSTRUCTION GIVEN TO TH E INCOME TAX AUTHORITIES FOR FILING THE APPEAL BEFORE THE TRIBUNAL. IT IS NOW W ELL SETTLED THAT THE BOARD INSTRUCTIONS ARE OF BINDING NATURE ON THE INCOME TA X AUTHORITIES AND THEREFORE THE INCOME TAX AUTHORITIES SHOULD NOT HA VE FILED THE PRESENT APPEAL BEFORE THE TRIBUNAL INASMUCH AS THE TAX EFFECT ON T HE AMOUNTS DISPUTED IN THE PRESENT APPEAL IS BELOW RS.2 LACS. 3. THE HON'BLE DELHI HIGH COURT IN THE CASE OF MANI SH BHAMBRI (ITA NO.683/2007 ORDER BEING DATED 1.8.2007) HAS ALSO U PHELD DISMISSAL OF APPEAL ITA NO.5566/DEL./2003 2 BY THE TRIBUNAL WHERE SUCH APPEAL WAS FILED IN VIOL ATION OF THE CBDT INSTRUCTION REGARDING TAX EFFECT FOR FILING APPEAL BEFORE THE TRIBUNAL. 4. IN VIEW OF THE ABOVE DECISION AND KEEPING IN VIE W THAT THE TAX EFFECT IN THE PRESENT APPEAL IS LESS THAN THE PRESCRIBED LIMI T OF RS.2 LAKHS WE ARE INCLINED TO DISMISS THE APPEAL OF THE REVENUE. 5. IN THE RESULT THE APPEAL FILED BY THE REVENUE I S DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON THIS 12 TH DAY OF MAY 2010 AFTER CONCLUSION OF THE HEARING. SD/- SD/- (SHAMIM YAHYA) (R.P. TOLANI) ACCOUNTANT MEMBER JUDICIAL MEMBER TS COPY FORWARDED TO: 1.APPELLANT 2.RESPONDENT 3.CIT 4.CIT(A) KARNAL. 5.CIT(ITAT) NEW DELHI. AR ITAT NEW DELHI.