THE DY. CIT-1(1), RAIPUR (CG) V. SHRI SARDAR GURPREET SINGH BHATIA, RAJNANDGAON

ITA 137/BIL/2013

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 1369 (ITAT-RAIPUR)
• Duration Of Justice: 2 year(s) 7 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-06-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2010-2011
• Appeal Filed On: 04-11-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: D K SINGH
• Keywords: Tax effect

Judgement Text

ITA NO 137/RPR /2013 ASSESSMEN T Y EAR: 20 10 - 11 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL, RAIPUR BENCH, RAIPUR [CORAM : PRAMOD KUMAR AM & C.M. GARG, JM ] ITA NO . 137 / RPR /20 13 AS SESSMENT Y EAR : 20 10 - 11 DY. COMMISSIONER OF INCOME TAX 1(1) RAIPUR. .APPELLANT VS. SARDAR GURPREET SINGH BHATIA ....................RESPONDENT BUS STAND ROAD, RAJNANDGAON (CG) [PAN : A JCPB 1582 B ] APPEARANCES BY: D.K. SINGH , FOR THE A PPELLANT NONE , F OR THE RE SPONDENT DATE OF CONCLUDING THE HEARING : JUNE 2 3 RD , 201 6 DATE OF PRONOUNCING THE ORDER : JU NE 23 RD , 201 6 O R D E R PER PRAMOD KUMAR, AM: 1. BY WAY OF THIS APPEAL, THE ASSESSING OFFICER HAS CHALLENGED CORRECTNESS OF THE ORDER DATED 19.08.2013, PASSED BY THE LEARNED CIT(A), FOR THE ASSESSMENT YEAR 2010 - 11, ON THE FOLLOWING GROUND : - 1. WHETHER IN LAW AND ON THE FACTS AND CIRCUMSTANCES OF THE CASE, THE CIT(A) HAS ERRED IN DELETING THE DISALLOWANCE OF RS.30,72,994/ - MADE BY THE ASSESSING OFFICER OUT OF INTEREST EXPENSES AS THE INTEREST BEARING FUNDS WERE USED FOR NON - BUSINESS PURPOSES . THE ORDER OF THE LD. CIT(A) IS ERRONEOUS BOTH IN LAW AND ON FACTS. 2. WE HAVE NOTICED THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.10,00,000/ - . IN VIEW OF THIS UNDISPUTED FACT AND IN THE LIGHT OF CBDT CIRCULAR NO.21/2015 DATED 10 TH DECEMBER, 2015, WE ARE OF THE CONSIDERED VIEW THAT THIS ITA NO 137/RPR /2013 ASSESSMEN T Y EAR: 20 10 - 11 PAGE 2 OF 2 APPEAL IS LIABLE TO BE DISMISSED AS WITHDRAWN FOR THE SIMPLE REASON THAT TAX EFFECT INVOLVED IN THE APPEAL IS LESS THAN RS.10,00,000/ - . 3. IN THE RESULT, THE APPEAL IS DISMISSED. PRONOUNCED IN THE OPEN COURT ON THIS 23 RD DAY OF JUNE, 201 6. SD/ - SD/ - C.M. GARG PRAMOD KU MAR ( JUDICIAL MEMBER ) (ACCOUNTANT MEMBER) DATED: THE 23 RD DAY OF JUNE, 2016 . PBN/* COPIES TO : (1) THE APPELLANT (2) THE RESPONDENT (3) CIT (4) CIT(A) (5) DR (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL RAIPUR BENCH, RAIPUR