Deputy Commissioner of Income Tax Circle-1(1), Jabalpur V. Shubh Motors Pvt. Ltd., Jabalpur

ITA 114/JAB/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 4347 (ITAT-JABALPUR)
• Duration Of Justice: 2 year(s) 4 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-09-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2011-2012
• Appeal Filed On: 09-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ABHAY KUMAR SINGH
• Keywords: Tax effect
• Section: 153A; 268A; 113

Judgement Text

ITA NOS. 113 & 114/JAB/2018 DY. CIT V. SUBH MOTORS PVT. LTD 1 | P A G E IN THE INCOME TAX APPELLATE TRIBUNAL JABALPUR BENCH, JABALPUR BEFORE SHRI NRS GANESAN, JUDICIAL MEMBER &SHRI SANJAY ARORA, ACCOUNTANT MEMBER ITA NOS.113 & 114/JAB/2018 ASSESSMENT YEARS: 2010-11 & 2011-12 DY. COMMISSIONER OF INCOME TAX, CIRCLE 1(1), JABALPUR VS. SUBH MOTORS PVT. LTD., JABALPUR (PAN: AAKCS 6187M) (APPELLANT ) (RESPONDENT) APPELLANT BY SHRI ABHAY KUMAR SINGH, CIT-DR RESPONDENT BY SHRI RAHUL BARDIA, CA DATE OF HEARING 17/09/2020 DATE OF PRONOUNCEMENT 17/09/2020 ORDER PER SANJAY ARORA, AM: THIS IS SET OF TWO APPEALS BY THE REVENUE FOR TWO CONSECUTIVE YEARS, BEING ASSESSMENT YEARS (AYS.) 2010-11 AND 2011-12, AGITATING SEPARATE ORDERS BY THE COMMISSIONER OF INCOME TAX (APPEALS)-1, JABA LPUR (CIT(A) FOR SHORT) OF EVEN DATE, I.E., 16.2.2018, PARTLY ALLOWING THE ASSESSEES APPEALS CONTESTING ITS ASSESSMENTS UNDER SECTION 153A OF THE INCOME T AX ACT, 1961 (THE ACT) FOR THESE YEARS VIDE SEPARATE ORDERS, BOTH DATED 28.3.2 016. 2. AT THE VERY OUTSET, IT WAS FAIRLY ADMITTED BY TH E LD. CIT-DR THAT THE TAX EFFECT OF THE INSTANT APPEALS BY THE REVENUE IS BEL OW RS.50 LACS EACH, I.E., THE EXTANT THRESHOLD MONETARY LIMIT FOR FILING OF THE R EVENUES APPEALS BEFORE THE ITA NOS. 113 & 114/JAB/2018 DY. CIT V. SUBH MOTORS PVT. LTD 2 | P A G E TRIBUNAL U/S. 268A OF THE ACT. THE SAME BE ACCORDIN GLY TREATED AS NOT PRESSED/WITHDRAWN. 3. WE HAVE HEARD THE PARTIES AND PERUSED THE MATERI AL ON RECORD. THE TAX EFFECT OF THE INSTANT APPEALS, AS APPARENT FROM THE GROUNDS OF APPEAL/S, IS LESS THAN RS.50.00 LACS EACH, BEING AT RS.41.25 LACS AND RS.14.75 LACS FOR THE TWO CONSECUTIVE YEARS RESPECTIVELY, AND FOR WHICH REFER ENCE IS MADE TO THE LETTER DATED 17.9.2020 BY THE LD. CIT-DR PLACED ON RECORD. NO EXCEPTION AS PER THE RELEVANT BOARD CIRCULAR HAS EITHER BEEN STATED IN T HE SAID LETTER OR OTHERWISE BROUGHT TO OUR NOTICE DURING HEARING. WE, ACCORDING LY, HAVE NO HESITATION IN DISMISSING THE REVENUES APPEALS IN LIMINE AS NOT MAINTAINABLE U/S. 268A OF THE ACT. WE DECIDE ACCORDINGLY. 4. IN THE RESULT, REVENUES APPEALS ARE DISMISSED IN LIMINE . ORDER PRONOUNCED IN THE OPEN COURT ON SEPTEMBER 17, 2020 SD/- SD/- (N.R.S.GANESAN) (SANJAY ARORA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 17/9/2020 // TRUE COPY //