Income Tax Appellate Tribunal - Delhi
Ats Infrastructure Ltd.,, Noida vs Department Of Income Tax on 4 December, 2015
IN THE INCOME TAX APPELLATE TRIBUNAL
(DELHI BENCH 'A' : NEW DELHI)
BEFORE SHRI J.S. REDDY, ACCOUNTANT MEMBER
and
SHRI A.T. VARKEY, JUDICIAL MEMBER
ITA No.5598/Del./2013
ASSESSMENT YEAR : 2003-04
ACIT, TDS, vs. M/s. ATS Infrastructure Limited,
Noida. K - 19, Sector 18,
Noida - 201 301.
(PAN : AADCA0609B)
(APPELLANT) (RESPONDENT)
ASSESSEE BY : Ms. Varsha Kapoor, CA
REVENUE by : Shri K.K. Jaiswal, Senior DR
Date of Hearing : 30.11.2015
Date of Pronouncement : 04.12.2015
ORDER
PER A.T. VARKEY, JUDICIAL MEMBER :
This appeal filed by the revenue emanates from the order of the CIT (Appeals), Noida dated 29.07.2013 for the assessment year 2003-04.
2. In this case, the revenue has come in appeal on account of deleting the order u/s 201(1)/201(1A) of the Income Tax Act, 9161 (hereinafter 'the Act') passed by the AO ignoring the fact of the case by simply relying upon the order of the Ld. CIT (A), Meerut in the case of the recipient of loan from the assessee company, namely, M/s. ATS Promoters and Builders Pvt. Ltd. and the ld. CIT 2 ITA NO.5598/Del/2013 (A) has not gone into the facts of the case as discussed by the AO in his order u/s 201(1)/201(1A) of the Act.
3. At the outset, ld. counsel for the assessee submitted that the tax effect in this case is less than Rs.3.00 lakhs. This position is admitted by the ld. DR. Therefore, as per the Instruction No. 3/2011 dated 09.02.2011, the revenue is not permitted to file appeal before the Tribunal if the tax effect is less than Rs.3.00 lakhs. The decision of Hon'ble Supreme Court dated 25.03.2011 in ITA Nos. 3 to 5/2010 is relied upon in this regard. The Assessment Year in the appeal is 2003-04. The appeal has been filed on 17.10.2013.
4. We have heard both the sides and gone through the material available on record. Instruction No.3/2011 dated 09.02.2011 has revised the monetary limit for filing the appeal by the department before Income-tax Appellate Tribunal, Hon'ble High Courts and Hon'ble Supreme Court. As per the said circular, monetary limit for filing the appeal before the Tribunal is Rs.3.00 lakhs; before Hon'ble High Court Rs. 10.00 lakhs and before Hon'ble Supreme Court Rs. 25.00 lakh. Hon'ble Supreme Court in the order dated 25.03.2011 referred to above has held as under:-
"It is stated that the tax impact in the present cases is less than Rs.10.00 lacs. The Department has recently issued an instruction bearing no. 3/2011 dated 09.02.2011, which is identical to its earlier instruction bearing no. 5/2008 dated 15.05.2008 except that in so far as the High Court is concerned, the monetary limit in respect of appeals where the questions of law raised need not to be answered, has been raised from Rs. 4.00 lacs to Rs. 10.00 lacs. The Division Bench of this Court in ITA No. 89/1999 decided on 28.01.2011 has already held that the instruction bearing no. 5/2008 dated 15.05.2008 would apply even to the old pending references and appeals. This principle would thus 3 ITA NO.5598/Del/2013 naturally equally apply to the instant instruction bearing no.3/2011 dated 09.02.2011, as well. The tax effect being less than Rs.10.00 lacs, the question of law does not require to be answered. The appeals are disposed of accordingly."
4.1 In view of the above, respectfully following the precedent, it is held that the appeal is not maintainable in the instant case as the tax effect is less than Rs.3 lakhs. Accordingly, it is held that appeal filed by the revenue is not maintainable.
5. In the result, appeal filed by the department is dismissed without going into the merits.
Order pronounced in open court on this day of 4th December, 2015.
Sd/- sd/-
(J.S. REDDY) (A.T. VARKEY)
ACCOUNTANT MEMBER JUDICIAL MEMBER
Dated the 4th day of December, 2015
TS
Copy forwarded to:
1.Appellant
2.Respondent
3.CIT
4.CIT(A), Noida.
5.CIT(ITAT), New Delhi.
AR, ITAT
NEW DELHI.