ITO- 2, RAJNANDGAON V. M/S. AMIT CONSTRUCTION, KAWARDHA (C.G.)

ITA 151/BIL/2013

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 1389 (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: 2009-2010
• Appeal Filed On: 11-11-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: D K JAIN
• Keywords: Additional evidence; Tax effect
• Section: 68; 6

Judgement Text

ITA NO . 15 1 / RPR /201 3 ASSESSMEN T Y EAR: 20 09 - 10 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL, RAIPUR BENCH, SMC , RAIPUR [CORAM : PRAMOD KUMAR AM ] ITA NO . 15 1 / RPR /201 3 AS SESSMENT Y EAR : 20 09 - 10 THE ITO, , .APPELLANT WARD 2 RAJNANDGAON [C.G] VS. M/S AMIT CONSTRUCTION MAIN ROAD KAWAR DHA (C.G.) . PAN : A AJFA 5892 K ... . RESPONDENT APPEARANCES BY: D.K. JAIN , 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 : JUNE 21 ST , 20 1 6 O R D E R 1. BY WAY OF THIS APPEAL, THE ASSESSING OFFICER HAS CHALLENGED CORRECTNESS OF THE ORDER DATED 16 TH AUGUST , 201 3 , PASSED BY THE L EARNED CIT(A), FOR THE ASSESSMENT YEAR 20 0 9 - 1 0 , ON THE FOLLOWING GROUND S : - 1. WHETHER IN LAW AND ON FACTS AND CIRCUMSTANCES OF THE CASE, T HE LD. CIT(A) HAS ERRED IN ADMITTING BOOKS OF ACCOUNTS AS ADDITIONAL EVIDENCE UNDER RULE 46A WHEN THE ASSESSEE HAS FAILED TO PRODUCE THE BOOKS OF ACCOUNTS BEFORE THE AO DURING THE ASSESSMENT PROCEEDINGS. 2. WHETHE R IN LAW AND ON FACTS AND CIRCUMSTANCES OF THE CASE, T HE LD. CIT(A) HAS ERRED IN RESTRICTING THE ADDITION TO RS. 4,72,460/ - OUT OF ADDITION OF RS. 15,68,200/ - MADE BY THE AO BY ESTIMATING N.P. RTE AT 6% OF THE GROSS TURNOVER, AS THE ASSESSEE HAS FAILED TO PRODU C E BOOKS OF ACCOUNTS RESULTING IN GR A NTING RELIEF OF RS. 10,95,740/ - ITA NO . 15 1 / RPR /201 3 ASSESSMEN T Y EAR: 20 09 - 10 PAGE 2 OF 2 3. WHETHER IN LAW AND ON FACTS AND CIRCUMSTANCES OF THE CASE, T HE LD. CIT(A) HAS ERRED IN DELETING THE ADDITION OF RS. 15,27,000/ - MADE BY THE AO U/S 68 ON ACCOUNT OF UNEXPLAINED UN SECURED LOANS . . 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 AP PEAL 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