Sri Abdullah Zahir, Varanasi V. ITO, Varanasi

CO 22/ALLD/2012

• Counselvise Citation: [2015] 123 COUNSELVISE.COM (IT) 0485 (ITAT-ALLAHABAD)
• Duration Of Justice: 2 year(s) 8 month(s) 16 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 30-04-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 28-04-2015
• Assessment Year: 2008-2009
• Appeal Filed On: 13-08-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: UMESH PATHAK
• Assessee Lawyers: SUBHASH CHA ND
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, ALLAHABAD BENCH, ALLAHABAD BEFORE SHRI D. KARUNAKARA RAO, ACCOUNTANT MEMBER AN D SHRI C. N. PRASAD, JUDICIAL MEMBER ITA NO. 137/ALLD/2012 ASSESSMENT YEARS: 2008-09 ITO-2(2), VNS M.A. ROAD VARANASI VS. SHRI ABDULLAH ZAHIR B- 16/67, PANDEY HAVELI, MADANPURA, VARANASI 221005 PAN:-AAIPZ2505M (APPELLANT) (RESPO NDENT) C.O. NO. 22/ALLD/2012 (ARISING OUT OF ITA NO. 137/ALLD/2012) ASSESSMENT YEARS: 2008-09 SHRI ABDULLAH ZAHIR B-16/67, PANDEY HAVELI, MADANPURA, VARANASI 221005 PAN:- AAIPZ2505M VS. ITO-2(2), VNS M.A. ROAD VARANASI (APPELLANT) (RESPO NDENT) ASSESSEE BY : SHRI SUBHASH CHAND REVENUE BY : SHRI UMESH PATHAK DATE OF HEARING : 28.04.2015 DATE OF PRONOUNCEMENT : 30.04.2015 O R D E R PER D. KARUNAKARA RAO, AM: THERE ARE TWO APPEALS UNDER CONSIDERATION. THE MAI N APPEALS IS FILED BY THE REVENUE AGAINST THE ORDER OF THE LD. CIT(A) VARANAS I, DATED 27.03.2012 AND CROSS OBJECTION FILED BY THE ASSESSEE SUPPORTING THE ORDE R THE LD. CIT(A). 2. OTHERWISE, LEARNED COUNSEL BROUGHT TO OUR NOTICE THAT THE REVENUE FILED ITA NO. 137/ALLD/2014 FOR THE A.Y. 2008-09 AND THE SAME IS NOT MAINTAINABLE. IN THIS REGARD, HE BROUGHT OUR ATTENTION TO THE GROUNDS AND SUBMITTED THAT THE TAX EFFECT INVOLVED IN THE GROUND IS LESS THAN FOUR LAKH. C.O. NO. 22/ALLD/2012 (ARISING OUT OF ITA NO. 137/ALLD/2012) ASSESSMENT YEARS: 2008-09 2 3. AFTER CONSIDERING THE SAME AND HEARING BOTH THE PARTIES, WE HOLD THE REVENUES APPEAL HAVE TO BE DISMISSED AS NON MAINTA INABLE ON THE GROUND OF TAX EFFECT. ACCORDINGLY, THE APPEAL OF REVENUE IS DISMI SSED AS NOT MAINTAINABLE. C.O. NO. 22/ALLD/2012 4. CROSS OBJECTION, BEING A CONSEQUENTIAL IN NATURE IS ALSO DISMISSED AS INFRUCTUOUS. ACCORDINGLY, BOTH THE APPEALS OF THE R EVENUE AS WELL AS THE ASSESSEE ARE DISMISSED. 5. IN THE RESULT, BOTH THE APPEALS OF THE REVENUE AS WELL AS THE ASSESSEE ARE DISMISSED . ORDER PRONOUNCED IN THE OPEN COURT ON THIS 30 TH DAY OF APRIL, 2015. SD/- SD/- (C. N. PRASAD) (D. KARUNAKARA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER ALLAHABAD, DATED: 30.04.2015 *SRIVASTAVA COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, ALLAHABAD THE CIT(A) CONCERNED, ALLAHABAD THE DR BENCH //TRUE COPY// BY ORDER DY/ASSTT. REGISTRAR, ITAT, ALLAHABAD.