Krishi Upaj Mandi Samati, V. ACIT,Circle, SATNA

CO 2/JAB/2013

• Counselvise Citation: [2014] 122 COUNSELVISE.COM (IT) 9413 (ITAT-JABALPUR)
• Duration Of Justice: 1 year(s) 16 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 28-03-2014
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2005-2006
• Appeal Filed On: 13-03-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: VED PRAKASH MISHRA
• Keywords: Revenue expenditure

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, JABALPUR BENCH, JABALPUR BEFORE : SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI T.S. KAPOOR, ACCOUNTANT MEMBER ITA NO. 02/JAB./2013 ASST. YEAR : 2005-06 A.C.I.T., CIRCLE, VS. KRISHI UPAJ MANDI SAMITI, SATNA. DEVENDRA NAGAR, PANNA. (PAN : AAANK 0327 J) C.O. NO. 02/JAB./2013 (IN ITA NO. 02/JAB./2013) ASST. YEAR : 2005-06 KRISHI UPAJ MANDI SAMITI, VS. A.C.I.T., CIRCLE, DEVENDRA NAGAR, PANNA. SATNA. (APPELLANT) (RESPONDENT) REVENUE BY : SHRI VED PRAKASH MISHRA, DR ASSESSEE BY : WRITTEN SUBMISSIONS DATE OF HEARING : 28.03.2014 DATE OF PRONOUNCEMENT : 28.03.2014 ORDER PER BHAVNESH SAINI, J.M.: THE DEPARTMENTAL APPEAL AND THE CROSS OBJECTION B Y THE ASSESSEE ARE DIRECTED AGAINST THE ORDER OF LD. CIT(A), JABALPUR DATED 29. 02.2012 FOR THE ASSESSMENT YEAR 2005-06. IN THE DEPARTMENTAL APPEAL, THE REVENUE CH ALLENGED THE DELETION OF ADDITION OF RS.22,13,214/- AND RS.1,81,934/- ON ACC OUNT OF SADAK NIDHI FUND AND MANDI BOARD SHULK. THE CROSS OBJECTION IS FILED IN SUPPORT OF THE FINDINGS OF THE LD. CIT(A). ITA NO. 02/JAB/13 & CO NO. 02/JAB/13 2 2. IT WAS SUBMITTED BEFORE THE LD. CIT(A) THAT IN T HE CASE OF ITO, DAMOH VS. KRISHI UPAJ MANDI SAMITI, DAMOH & OTHERS IN ITA NO. 88/JAB/2007, THE ITAT, JABALPUR HAS CONFIRMED THE ORDER OF LD. CIT(A), IN WHICH THE LD. CIT(A) HAS HELD THAT SADAK NIDHI AND MANDI BOARD SHULK ARE ROUTINE REVENUE EXPENDITURE OF KRISHI UPAJ MANDI SAMITI. THE LD. CIT(A), FOLLOWING THE OR DER OF THE TRIBUNAL ABOVE, DELETED BOTH THE ADDITIONS. THE LD. DR COULD NOT CO NTRIBUTE MUCH ON THE ISSUE AND THE ASSESSEE IN THE WRITTEN SUBMISSIONS REITERATED THE SAME SUBMISSIONS AND STATED THAT THE ISSUE IS COVERED IN FAVOUR OF THE ASSESSEE . 3. ON CONSIDERATION OF THE ABOVE, WE DO NOT FIND AN Y MERIT IN THE DEPARTMENTAL APPEAL. THE LD. CIT(A) FOLLOWED THE ORDER OF THE TR IBUNAL FOR ALLOWING THE CLAIM OF ASSESSEE. NOTHING IS CONTRIBUTED AS TO WHY CIT(A) S HOULD NOT FOLLOW THE ORDER OF THE TRIBUNAL. THE DEPARTMENTAL APPEAL HAS, THEREFOR E, NO MERIT AND IS DISMISSED. THE CROSS OBJECTION OF THE ASSESSEE, BEING INFRUCTU OUS, IS ALSO DISMISSED. 4. IN THE RESULT, THE DEPARTMENTAL APPEAL AND THE C ROSS OBJECTION OF THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (T.S. KAPOOR) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER *AKS/- COPY OF THE ORDER FORWARDED TO : 1. APPELLANT 2. RESPONDENT BY ORDER 3. CIT(A), CONCERNED 4. CIT, CONCERNED SR. PRIVATE SECRETARY 5. DR, ITAT, JABALPUR ITAT CAMP AT JABALPUR 6. GUARD FILE