Prem Kumar Gupta, V. Income Tax Officer-2,

CO 17/JAB/2013

• Counselvise Citation: [2015] 123 COUNSELVISE.COM (IT) 0402 (ITAT-JABALPUR)
• Duration Of Justice: 1 year(s) 8 month(s) 23 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 27-02-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2007-2008
• Appeal Filed On: 03-06-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ABHISHEK SHUKLA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, JABALPUR BENCH, JABALPUR BEFORE SHRI I.C. SUDHIR, JUDICIAL MEMBER AND SHRI PRAMOD KUMAR, ACCOUNTANT MEMBER ITA NO.65/JAB/2013 ASSESSMENT YEAR: 2007-08 INCOME TAX OFFICER 2, VS. SHRI PREM KUMAR GUPT A, SAGAR. CONTRACTOR, CHHOTA BAZAR, SHAHGARH, SAGAR (PAN AHKPG 4158 J). C.O. NO.17/JAB/2013 (IN ITA NO.65/JAB/2013) ASSESSMENT YEAR: 2007-08 SHRI PREM KUMAR GUPTA, VS. INCOME TAX OFFICER 2, CONTRACTOR, SAGAR. CHHOTA BAZAR, SHAHGARH, SAGAR (PAN AHKPG 4158 J). (APPELLANTS) (RESPONDENTS) REVENUE BY : SHRI ABHISHEK SHUKLA ASSESSEE BY : SHRI VIJAY GUPTA DATE OF HEARING : 11.02.2015 DATE OF PRONOUNCEMENT : 27.02.2015 ORDER PER PRAMOD KUMAR, ACCOUNTANT MEMBER: THE APPEAL BY THE REVENUE AND CROSS OBJECTION BY TH E ASSESSEE HAVE BEEN FILED AGAINST THE ORDER DATED 29.03.2012 OF THE LD. CIT(A), JABALPUR FOR THE ASSESSMENT YEAR 2007-08. 2 ITA NO.65/JAB/2013 & C.O. NO.17/JAB/2013 A.Y. 2007-08 2. IN THIS APPEAL, THE REVENUE HAS RAISED THE FOLLO WING GRIEVANCE:- 1. ON FACT AND CIRCUMSTANCES, LD. CIT(A) HAS ERRE D IN HOLDING THE VIEW EXPRESSED IN THE CBDT INSTRUCTION AS IT IS ONL Y FOR SELECTION OF THE SCRUTINY. IT NOWHERE SAYS THAT 5% OF N.P. SHOULD BE ACCEPTED. 3. AFTER HEARING THE LD. DEPARTMENTAL REPRESENTATIV E, WE NOTICE THAT SINCE THE TAX EFFECT IN THIS APPEAL FILED BY THE REVENUE AGAI NST THE ORDER OF THE CIT(A) IS LESS THAN RS.3,00,000/-, THE SAME IS IN CONTRAVENTION OF C.B.D.T. CIRCULAR/INSTRUCTION NO.3/2011 DATED 09.02.2011 WHICH FINDS STATUTORY FO RCE UNDER THE PROVISIONS OF SECTION 268A OF THE INCOME TAX ACT, 1961. THE SAME IS, THEREFORE, NOT MAINTAINABLE. THE CLAUSE NO.3 OF THE SAID C.B.D.T. INSTRUCTION HAS MADE IT CLEAR THAT APPEAL BEFORE THE TRIBUNAL BY THE REVENUE WILL HENCEFORTH BE FILED WHERE TAX EFFECT EXCEEDS RS.3,00,000/-. THEREFORE, IN THE CI RCUMSTANCES AND FACTS OF THE CASE, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE AND THE SAME IS DISMISSED AS NOT MAINTAINABLE. 4. IN THE RESULT, APPEAL FILED BY THE REVENUE IS DI SMISSED. 5. AS REGARDS THE CROSS OBJECTION FILED BY THE ASSE SSEE, THE ONLY GRIEVANCE RAISED BY THE ASSESSEE IS AS FOLLOWS:- 3 ITA NO.65/JAB/2013 & C.O. NO.17/JAB/2013 A.Y. 2007-08 1. CONSIDERING THE FACT THAT TAX EFFECT IS LESS TH AN RS.3,00,000/- HENCE IN VIEW OF CBDT INSTRUCTION ON THIS ISSUE, NO APPEAL SHOULD HAVE BEEN FILED BY THE DEPARTMENT HENCE THE APPEAL OF THE DEPARTMENT MAY KINDLY BE DISMISSED IN LIMINE. 2. CONSIDERING THE FACT THAT THE APPEAL HAS BEEN FI LED IN CONTRAVENTION TO CBDT INSTRUCTIONS HENCE COST, AS Y OUR HONOURS MAY DETERMINE, BE AWARDED. 6. AS WE HAVE UPHELD THIS CONTENTION OF THE ASSESSE E IN REVENUES APPEAL AND FOR THE REASON THAT THE DEPARTMENTAL APPEAL IS DISM ISSED, THE GRIEVANCE RAISED IN THE CROSS OBJECTION IS ACADEMIC AND DOES NOT CALL FOR A N INDEPENDENT ADJUDICATION. THEREFORE, THE CROSS OBJECTION FILED BY THE ASSESSE E IS DISMISSED. 7. IN THE RESULT, APPEAL FILED BY THE REVENUE AND T HE CROSS OBJECTION FILED BY THE ASSESSEE BOTH ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 27.02.2015. SD/- SD/- (I.C. SUDHIR) (PRAMOD KUMAR) JUDICIAL MEMBER ACCOUNTANT MEMBER DATE: 27.02.2015 PBN/* 4 ITA NO.65/JAB/2013 & C.O. NO.17/JAB/2013 A.Y. 2007-08 COPY OF THE ORDER FORWARDED TO :- 1) APPELLANT 2) RESPONDENT 3) CIT (APPEALS) CONCERNED 4) CIT CONCERNED 5) D.R., ITAT, JABALPUR BENCH, JABALPUR 6) GUARD FILE. BY ORDER, ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL, JABALPUR