THE DY. CIT- 1, DURG(CG) V. SHRI PRAVEEN KUMAR SINGH, BHILAI(CG)

ITA 148/BIL/2013

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 1392 (ITAT-RAIPUR)
• Duration Of Justice: 2 year(s) 7 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-06-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2010-2011
• Appeal Filed On: 11-11-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S K MEENA
• Assessee Lawyers: R B DOSHI
• Keywords: Tax effect
• Section: 6

Judgement Text

ITA NO . 148 / RPR /201 3 ASSESSMEN T Y EAR: 20 10 =11 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL, RAIPUR BENCH, SMC , RAIPUR [CORAM : PRAMOD KUMAR AM ] ITA NO . 148 / RPR /201 3 AS SESSMENT Y EAR : 2010 - 11 DY. CIT - 1 , .APPELLANT BHILAI VS. PRAVEEN KUMAR SINGH PROP. M/S MADHURAM FAMILY RESTAURANT & BAR, MAITHRI NAGAR, RISALI B H ILA I (C.G.) . ... . RESPONDENT PAN NO. AJBPS 7385 N APPEARANCES BY: S.K. MEENA , FOR THE A PPELLANT R.B. DOSHI , F OR THE RE SPONDENT DATE OF CONCLUDING THE HEARING : JUNE 2 1 ST , 201 6 DATE OF PRONOUNCING THE ORDER : JUNE 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 29 TH AUGUST 2013, , PASSED BY THE L EARNED CIT(A), FOR THE ASSESSMENT YEAR 2010 - 11 , ON THE FOLLOWING GROUND : - 1. WHET HER IN LAW AND ON FACTS AND CIRCUMSTANCES OF THE CASE, T HE LD. CIT(A) HAS ERRED IN RESTRICTING THE ADDITION OF RS. 1 LAKH OUT OF LUMPSUM ADDITION OF RS. 11 LAKH MADE BY THE AO TO THE NET PROFIT OF THE ASSESSEE BY REJECTING THE BOOK RESULTS BY APPLYING THE PROVIS I ONS OF SECTION 145(3) OF THE I.T. ACT, THEREBY GRANTING RELIEF OF RS. 10 LAKHS. 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 CONSIDERED VIEW THAT THIS APPEAL ITA NO . 148 / RPR /201 3 ASSESSMEN T Y EAR: 20 10 =11 PAGE 2 OF 2 IS LIABLE TO BE DISMISSED AS WITHDRAWN FOR THE SIMPLE REASON THAT TAX EFFECT INVOLVED IN THE APPEAL IS LESS THAN RS.10,00,000/ - . 3.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. PRON OUNCED 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