ITO, WARD- 1(3), RAIPUR (CG) V. SMT. SHANTI BAI YADAV, RAIPUR (CG)

ITA 141/BIL/2013

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 1388 (ITAT-RAIPUR)
• Duration Of Justice: 2 year(s) 7 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-06-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2009-2010
• Appeal Filed On: 04-11-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S K MEENA
• Keywords: Business income; Tax effect
• Section: 6

Judgement Text

ITA NO . 141 / RPR /201 3 ASSESSMEN T Y EAR: 2009 - 1 0 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL, RAIPUR BENCH, SMC , RAIPUR [CORAM : PRAMOD KUMAR AM ] ITA NO . 141 / RPR /201 3 AS SESSMENT Y EAR : 20 09 - 10 THE ITO, , .APPELLANT WARD 1(3) RAIPUR [C.G] VS. SMT SHANTI BAI YADAV LH OF SHRI SAHBIR YAD AV VILLAGE KHARORA, DIST RAIPUR (C.G.) . ... . RESPONDENT PAN : ABWPY 4775A APPEARANCES BY: S.K. MEENA , FOR THE A PPELLANT SUNIL KUMAR AGRAWAL , F OR THE RE SPONDENT DATE OF CONCLUDING THE HEARING : JUNE 2 1 ST , 201 6 DATE OF PRONOUNCING THE ORDER : JU NE 21 ST , 201 6 O R D E R 1. BY WAY OF THIS APPEAL, THE ASSESSING OFFICER HAS CHALLENGED CORRECTNESS OF THE ORDER DATED 07 TH AUGUST , 201 3 , PASSED BY THE L EARNED CIT(A), FOR THE ASSESSMENT YEAR 20 0 9 - 1 0 , ON THE FOLLOWING GROUND : - 1. WHETHER I N LAW AND ON FACTS AND CIRCUMSTANCES OF THE CASE, T HE LD. CIT(A) HAS ERRED IN DELE TING THE ADDITION TO THE EXTENT OF RS. 32,30,283/ - OUT OF TOTAL ADDITION OF RS. 35,88,883/ - MADE B Y THE AO BY REJECTING THE BOOKS OF ACCOUNTS AND APPLYING NET PROFIT RATE OF 3% ON TOTAL SALES OF RS. 14,86,31,220/ - . . 2. I 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, I AM OF THE C ONSIDERED VIEW THAT THIS APPEAL ITA NO . 141 / RPR /201 3 ASSESSMEN T Y EAR: 2009 - 1 0 PAGE 2 OF 2 IS LIABLE TO BE DISMISSED AS WITHDRAWN FOR THE SIMPLE REASON THAT TAX EFFECT INVOLVED IN THE APPEAL IS LESS THAN RS.10,00,000/ - . 3.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 21 ST DAY OF JUNE , 2016. SD/ - PRAMOD KUMAR (ACCOUNTANT MEMBER) DATED: THE 21 ST 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