SMT SAROJ DEVI HALDIYA, Jaipur V. ITO, Jaipur

CO 12/JPR/2013

• Counselvise Citation: [2016] 119 COUNSELVISE.COM (IT) 3242 (ITAT-JAIPUR)
• Duration Of Justice: 3 year(s) 2 month(s) 2 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 28-04-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2009-2010
• Appeal Filed On: 25-02-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: NEENA JEPH JCIT DHK
• Assessee Lawyers: S L PODDARADV
• Keywords: Tax effect
• Section: 54F

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHE S, JAIPUR JH DQY HKKJR] U;KF;D LNL; ,OA JH VH- VKJ- EHUK] YS[ KK LNL; DS LE{K BEFORE: SHRI KUL BHARAT, JM & SHRI T.R. MEENA, AM VK;DJ VIHY LA-@ CO NO.12/JP/13 FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 2009-10 INCOME TAX OFFICER, WARD 6(1), JAIPUR CUKE VS. SMT. SAROJ DEVI HALDIYA, E-65 SIDDHARTH NAGAR, MALVIYA NAGAR, JAIPUR LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN NO. VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY : SHRI S.L. PODDAR(ADV..) JKTLO DH VKSJ LS@ REVENUE BY :S HRI NEENA JEPH (JCIT) LQUOKBZ DH RKJH[K@ DATE OF HEARING : 25.04.2016 ?KKS'K .KK DH RKJH[K @ DATE OF PRONOUNCEMENT : 28/04/2016. VKNS'K@ ORDER PER SHRI KUL BHARAT, JM THE CROSS OBJECTION NO. 12/JP/13 IN ITA NO.122/JP/ 13 IN THE CASE OF SMT. SAROJ DEVI HALDIYA PERTAINING TO ASSESSMENT Y EAR 2009-10 WHEREIN THE REVENUE HAS TAKEN FOLLOWING GROUNDS OF APPEAL : ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE LD. CIT(A) HAS ERRED IN RESTRICTING THE EXEMPTION U/S 54F TO RS. 22,23,4 50/- AGAINST CLAIM OF ASSESSEE FOR RS. 39,06,398/- AND THEREBY DIRECTING TO TAX. THE BALANCE RS. 16,82,948/- AS LONG TERM CAPITAL GAIN. 2. AT THE OUTSET THE LD. COUNSEL FOR THE ASSESSEE S UBMITTED THAT THE APPEAL FILED BY THE REVENUE IN ITA NO. 122/JP/13 HAS BEEN DISMISSED BY THE TRIBUNAL ON ACCOUNT OF LOW TAX EFFECT, THEREFORE THIS CROSS OBJECTION HAS BECOME INFRUCTUOUS. 2.1 THE SR. DEPARTMENTAL REPRESENTATIVE HAS ADMITTE D THE FACTUM OF DISPOSAL OF APPEAL ON ACCOUNT OF LOW TAX EFFECT. T HEREFORE, THE CROSS OBJECTION CO.NO.12/JP/13 ITO WARD 6(1), JAIPUR VS. SMT. SAROJDEVI HALDIYA, JAIPUR 2 AS FILED BY THE ASSESSEE IS ALSO DISMISSED AS THE BASIS OF CROSS OBJECTION DOES NOT SURVIVE. IN THE RESULT THE CO FILED BY THE ASSESSEE IS DISMI SSED. ORDER PRONOUNCED IN THE OPEN COURT ON 28/0 4/2016. SD/- SD/- (T.R. MEENA) ( KUL BHARAT ) YS[KK LNL;@ ACCOUNTANT MEMBER U;KF;D LNL;@ JUDICIAL MEMBER JAIPUR DATED:- 28/ 04 /2016 PILLAI VKNS'K DH IZFRFYFI VXZSF'KR@ COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT- INCOME TAX OFFICER, WARDS 6(1), JAIPUR 2. THE RESPONDENT- SMT. SAROJ DEVI HALDIYA, JAIPUR 3. THE CIT(A) 2, JAIPUR 4. THE CIT-2, JAIPUR 5. THE DR, ITAT, JAIPUR 6. GUARD FILE (CO NO. 12 /JP/34) VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASSISTANT. REGISTRAR