ITO,Ward 2(2), Jalgaon V. M/s. Bhavesh Trading Co., Jalgaon

ITA 1001/PUN/2009

• Counselvise Citation: [2011] 134 COUNSELVISE.COM (IT) 7421 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 7 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-03-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 29-11-2010
• Assessment Year: 2002-2003
• Appeal Filed On: 19-08-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: HEMANT KUMAR LEUVA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B , PUNE BEFORE SHRI I.C. SUDHIR (JM) AND SHRI D. KARUNAKARA RAO (AM) ITA NO. 1 001 /PN/ 200 9 ( ASSTT. YEAR : 200 2 - 03 ) INCOME - TAX OFFICER , WARD 2 ( 2 ), JALGAON. .. APP ELLANT V. M/S. BHAVESH TRADING COMPANY , PACHORA ROAD, AT. TAKLI, POST - OZAR, TAL.CHALISGAON, DIST.JALGAON P AN : AADFB 0470G . RESPONDENT APP ELLANT BY : SHRI H EMANT KUMAR LEUVA RESPONDENT BY : MS. DEEPA KHARE ORDER PER I.C. SUDHIR J M A T THE OUTSET OF HEARING, THE LD. A.R. POINTED OUT THAT THE PRESENT APPEAL PREFERRED BY THE REVENUE HAVING TAX EFFECT BELOW RS. 2 LAKHS IS NOT MAINTAINABLE SINCE IT HAS BEEN PREFERRED IN VIOLATION OF CBDT INSTRUCTION NO. 5/2008 DATED 15.5.2008 READ WITH SECTION 268A OF THE I.T. ACT. 2. THE LD. D.R. DID NOT DISPUTE THIS MATERIAL FACT THAT TAX EFFECT IN THE PRESENT APPEAL IS BELOW RS. 2 LAKHS. HE, HOWEVER, PLACED RELIANCE ON THE ASSESSMENT ORDER. 3. IN VIEW OF THE ADMITTED FACT THAT TAX EFFECT IN THE PRESENT APPEAL PREFERRED BY THE REVENUE IS B ELOW RS. 2 LAKHS, WE ARE OF THE VIEW THAT IT HAS BEEN PREFERRED IN VIOLATION OF CBDT INSTRUCTION NO. 5/2008 DATED 15.5.2008 READ WITH SECTION 268A OF THE I.T. ACT, HENCE THE SAME IS NOT MAINTAINABLE. THE APPEAL IS ACCORDINGLY DISMISSED. ITA . NO 1001 /PN /2009 BHAVESH TRADING CO., A.Y. 2002 - 03 2 THE ORDER IS PRO NOUNCED IN THE OPEN COURT ON 31ST MARCH 2011. SD/ - SD/ - ( D. KARUNAKARA RAO ) ACCOUNTANT MEMBER ( I.C. SUDHIR ) JUDICIAL MEMBER PUNE , DATED THE 31ST MARCH , 20 1 1 US COPY OF THE ORDER IS FORWARDED TO : 1. THE A PP ELLA NT 2. THE RESPONDENT 3 . THE CIT(A) - II, NASHIK 4 . THE CIT - II , NASHIK 5. THE D.R. B BENCH, ITAT PUNE 6. THE GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL PUNE