The ACIT, Circle-5, RAJKOT-GUJARAT V. M/s G.M. Exports Pvt. Ltd., RAJKOT-GUJARAT

ITA 1331/RJT/2010

• Counselvise Citation: 133124914 RSA 2010
• Duration Of Justice: 1 year(s) 3 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-04-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 03-04-2012
• Assessment Year: 2003-2004
• Appeal Filed On: 13-12-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AVINASH KUMAR
• Assessee Lawyers: J C RANPURA
• Keywords: Tax effect

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBULAL; RAJKOT BENCH, RAJKOT. . .. . . .. . , ,, , . .. . . .. . , ,, ,$ $ $ $ BEFORE SHRI T. K. SHARMA, JM AND SHRI D. K. S RIVASTAVA, AM. ITA NO. 1331/RJT/2010 / ASSESSMENT YEAR:-2003-04. / V/S. THE ASSTT. C.I. T., CIRCLE-5, RAJKOT. ( +/ APPELLANT) M/S. G. M. EXPORTS PVT. LTD., 9-MANINAGAR, MAVDI PLOT, RAJKOT.. PAN: AAACG7822K.. ,-+/ RESPONDENT ./ / ASSESSEE BY SHRI J. C. RANPURA, C.A. / / REVENUE BY SHRI AVINASH KUMAR, D.R. / / DATE OF HEARING 03-04-2012 / / DATE OF PRONOUNCEMENT 04 - 04-2012 / / / / ORDER . .. . . .. . , ,, , / T. K. SHARMA, J. M. : THIS APPEAL BY THE REVENUE IS AGAINST THE ORDER DATED 28-09-2010 OF CI T (A)-IV, RAJKOT FOR THE ASSESSMENT YEAR 2003-04. 2. THE GROUNDS RAISED IN THIS APPEAL ARE AS UNDER:- 1. THE LD. CIT(A)-IV, RAJKOT HAS ERRED IN LAW AND ON FACTS IN DELETING THE ADDITION OF RS.2,82,168/- OUT OF TOTAL ADDITION OF RS.15,09,898/- MADE BY AO. BY DISALLOWING DEDUCTION UNDER SEC.80HH C OF THE ACT. 2. THE LD. CIT(A)-IV, RAJKOT HAS ERRED IN LAW AND O N FACTS IN DELETING THE ADDITION OF RS.1,81,666/- MADE BY THE AO. ON AC COUNT OF DISALLOWING CONSULTANCY EXPENSES. ITA NO 1331/RJT/2010. 2 3. AT THE OUTSET, SHRI J. C. RANPURA, C.A. APPEARED ON BEHALF OF THE ASSESSEE POINTED OUT THAT TAX EFFECT IS LESS THAN R S. 2 LAKHS. IN SUPPORT OF THIS, HE FILED THE CALCULATION OF TAX EFFECT WHICH IS AS UNDER:- PARTICULARS. AMOUNT AMOUNT RETURNED INCOME ASSESSED INCOME RELIEF GRANTED BY LD. CIT(A) DISALLOWANCE U/S.80HHC OF THE ACT DISALLOWANCE OF CONSULTANCY EXPENSE TAX ON RELIEF @ 35% SURCHARGE @ 5% (TAX EFFECT ON RELIEF0 282,168 181,666 587,000 1,455,979 463,834 162,342 8,117 170,459 4. THE COUNSEL OF THE ASSESSEE SUBMITTED THAT AS TH E TAX EFFECT OF THIS APPEAL IS ONLY RS.1,70,459/- WHICH IS LESS THAN RS.2 LAKHS THEREFORE, IN VIEW OF INSTRUCTION NO.5/2008, DATED 15-05-2008 OF CBDT, TH IS APPEAL IS NOT MAINTAINABLE. SHRI AVINASH KUMAR, D.R. APPEARED FO R THE REVENUE COULD NOT CONTROVERT THE SAID CONTENTION OF LD. COUNSEL OF TH E ASSESSEE. 5. ADMITTEDLY, THE TAX EFFECT IN THIS CASE IS LESS THAN RS. 2 LAKHS. THEREFORE, THE APPEAL FILED BY THE REVENUE IS IN CONTRAVENTION OF INSTRUCTION NO.5/2008, DATED 15-05-2008. WE THEREFORE, DISMISS THE APPEAL OF TH E REVENUE AS NOT MAINTAINABLE. 6. IN THE RESULT, APPEAL OF REVENUE IS DISMISSED IN LIMINE. /5 04 / 04 / 2012 7/ THIS ORDER PRONOUNCED IN OPEN COURT ON 04 / 0 4//2012. SD/- SD/- ( .. / D. K. SRIVASTAVA) ( .. / T. K. SHARMA) / ACCOUNTANT MEMBER /JUDICIAL MEMBER 5/ ORDER DATE 04/ 04/2012. /RAJKOT ITA NO 1331/RJT/2010. 3 / // / ,: ,: ,: ,: ;: ;: ;: ;: / COPY OF ORDER FORWARDED TO:- 1.+ / APPELLANT 2.,-+ / RESPONDENT 3.? / CONCERNED CIT 4. ?A / CIT (A) 5.:,, , / DR, ITAT, RAJKOT 6. / GUARD FILE. / BY ORDER , ASSTT. REGISTRAR , INCOME TAX APPELLATE TRIBUNAL, RAJKOT.