ACIT, Jaipur V. SHRI VRINDAVAN DAIRIES, Jaipur

ITA 113/JPR/2013

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 99604 (ITAT-JAIPUR)
• Duration Of Justice: 2 year(s) 10 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-12-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2007-2008
• Appeal Filed On: 30-01-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: R K JAIN
• Keywords: Tax effect

Judgement Text

ITA NO. 113/JP/13 DCIT, CIRCLE-5, JAIPUR VS. M/S SHRI VRINDAVAN DAIRI ES JAIPUR 1 IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHE S, JAIPUR JH VKJ-IH-RKSYKUH] U;KF;D LNL; ,OA JH FOE FLAG ;KN O] YS[KK LNL; DS LE{K BEFORE: SHRI R.P. TOLANI, JM & SHRI VIKRAM SINGH YA DAV, AM VK;DJ VIHY LA-@ ITA NO. 113/JP/13 FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 2007-08 LQUOKBZ DH RKJH[K@ DATE OF HEARING : 1 4.12.2015 ?KKS'K .KK DH RKJH[K@ DATE OF PRONOUNCEMENT : 16/12/2015 VKNS'K@ ORDER FU/KKZFJRH DH VKSJ LS@ ASSESSEE BY : SHRI R.K. JAIN JKTLO DH VKSJ LS@ REVENUE BY : SHRI REJENDRA SINGH (JCIT) PER SHRI VIKRAM SINGH YADAV, AM THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF CIT(A)-I, JODHPUR DATED 30.11.2012 WHEREIN THE REVENUE HAS TAK EN FOLLOWING GROUND OF APPEAL: THE DCIT, CIRCLE - 5, JAIPUR CUKE V/S. M/S SHRI VRINDAVAN DAIRIES, 22,PULENDER JI KA BAGH, M.D.ROD, JAIPUR LFKK;H YS[KK LA-@THVKJBZVKJ LA-@ PAN NO. AAVFS 8130Q ITA NO. 113/JP/13 DCIT, CIRCLE-5, JAIPUR VS. M/S SHRI VRINDAVAN DAIRI ES JAIPUR 2 WHETHER ON THE FACTS AND CIRCUMSTANCES OF THE CASE A ND IN LAW THE LD. CIT(A) HAS ERRED IN DELETING THE TRADING ADDITI ON OF RS. 29,60,600/- MADE BY THE AO NOTWITHSTANDING THE FACT THAT REJECT ION OF BOOKS OF ACCOUNT HAS BEEN UPHELD BY THE LD. CIT(A). 2. BOTH THE PARTIES ARE HEARD. IT IS OBSERVED THAT T HE DEMAND/ TAX EFFECT IN THE REVENUE APPEAL IN QUESTION IS LES S THAN RS. 10 LACS. UNDER THE POWERS VESTED BY SEC. 268A(1) OF THE I T ACT, CBDT HAS RECENTLY ISSUED CIRCULAR NO.21 OF 2015 DATED 10.12. 2015(F NO. 279/MISC. 142/2007-ITJ(PT) INSTRUCTING THE AUTHORIT IES THAT DEPARTMENTAL APPEAL SHOULD NOT BE FILED BEFORE ITAT WHERE THE DEMAND/TAX EFFECT DOES NOT EXCEED RS.10 LACS. THE C IRCULAR IS SPECIFICALLY MENTIONED TO BE APPLICABLE RETROSPECTI VELY TO ALL PENDING APPEALS. 2.1 SUBJECT TO SOME EXCEPTIONS, IT IS FURTHER DIREC TED BY CBDT THAT ALL THE DEPARTMENTAL APPEALS PENDING BEFORE ITAT WHERE THE DEMAND/TAX EFFECT IS LESS THAN 10 LACS SHOULD BE EITHER WITHDR AWN OR NOT PRESSED BY THE DEPARTMENTAL REPRESENTATIVES. 2.2 THE PRESENT APPEAL IS NOT COVERED BY ANY EXCEPT IONS MENTIONED IN THE SAID CBDT CIRCULAR. SINCE THE TAX DEMAND IN DIS PUTE IN THIS ITA NO. 113/JP/13 DCIT, CIRCLE-5, JAIPUR VS. M/S SHRI VRINDAVAN DAIRI ES JAIPUR 3 DEPARTMENTAL APPEAL IS BELOW THE LIMIT SET OUT BY C BDT. ACCORDINGLY, THE APPEAL OF THE DEPARTMENT IS DISMISSED AS NOT PR ESSED/WITHDRAWN. IN THE RESULT, APPEAL OF REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 16/12/2015 SD/- SD/- (R.P. TOLANI (VIKRAM SINGH YADAV) JUDICIAL MEMBER ACCOUNTANT MEMBE R JAIPUR DATED : 16/12/2015 *PILLAI COPY OF THE ORDER FORWARDED TO:- 1. THE APPELLANT, ACIT, CIRCLE-5,JAIPUR 2. THE RESPONDENT, SHRI KAMAL GUPTA, JAIPUR 3. THE CIT II, JAIPUR 4. THE CIT(A),II, JAIPUR 5. THE DEPARTMENTAL REPRESENTATIVE, ITAT, JAIPUR 6. GUARD FILE (ITA NO. 603/JP/13) BY ORDER ASSISTANT REGISTRAR.