2015 (7) TMI 439

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... onetary limit to 4,00,000/- for filing the appeal before the Tribunal. - in view of the CBDT Instruction No.5 of 2014 dated 10.07.2014 and also the provisions of Section 268A of Income Tax Act, 1961, we are of the view that the Revenue should not have filed the instant appeal before the Tribunal - Decided against Revenue.
Sh. N. K. Saini and Sh. C. M. Garg, JJ. For The Assessee : Sh. Akshat Jain, ACA For The Revenue : Sh. Y. Kakkar, DR ORDER PER N.K. SAINI, A.M. This appeal by the Department is directed against the order dated 23.01.2013 of the Ld. CIT(A)-III, New Delhi. 2. The grounds raised in the appeal of the Department read as under:- "On the facts and on the circumstances of the case, the CIT(A) has erred in allowing the app .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... from time to time, issue orders, instructions or directions to other income-tax authorities, fixing such monetary limits as it may deem fit, for the purpose of regulating filing of appeal or application for reference by any incometax authority under the provisions of this Chapter. (2) Where, in pursuance of the orders, instructions or directions issued under sub-section (1), an incometax authority has not filed any appeal or application for reference on any issue in the case of an assessee for any assessment year, it shall not preclude such authority from filing an appeal or application for reference on the same issue in the case of- (a) the same assessee for any other assessment year; or (b) any other assessee for the same or any other .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... T has revised the monetary limit to ₹ 4,00,000/- for filing the appeal before the Tribunal. 8. Keeping in view the CBDT Instruction No.5 of 2014 dated 10.07.2014 and also the provisions of Section 268A of Income Tax Act, 1961, we are of the view that the Revenue should not have filed the instant appeal before the Tribunal. While taking such a view, we are fortified by the following decisions of Hon'ble Punjab & Haryana High Court:- 1. CIT v Oscar Laboratories P. Ltd (2010) 324 ITR 115 (P&H) 2. CIT v Abinash Gupta (2010) 327 ITR 619 (P&H) 3. CIT v Varindera Construction Co. (2011) 331 ITR 449 (P&H)(FB) 9. Similarly the Hon'ble Delhi High Court in the case of CIT v. Delhi Race Club Ltd. in ITA No.128/2008, order dated 03.03.201 .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X