I.T.O. Ward -2(3), RAIPUR (CG) V. AMIT KUMAR LALWANI, RAIPUR (CG)

ITA 154/BIL/2014

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 1340 (ITAT-RAIPUR)
• Duration Of Justice: 1 year(s) 10 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-06-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2007-2008
• Appeal Filed On: 11-08-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: D K JAIN
• Assessee Lawyers: R B DOSHI
• Keywords: Tax effect

Judgement Text

ITA NO 154 / RPR /201 4 ASSESSMEN T Y EAR: 2 00 7 - 08 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL, RAIPUR BENCH, SMC , RAIPUR [CORAM : PRAMOD KUMAR AM ] ITA NO . 154 / RPR /201 4 AS SESSMENT Y EAR : 20 0 7 - 08 INCOME TAX OFFICER, .APPELLANT WARD 2 (3), RAIPUR (CG) VS. A MIT KUMAR LALWANI, ... . RE SPONDENT VIJAY AGENCIES, VODH ANSABHA ROAD, MOWA, RAIPUR (C.G.) APPEARANCES BY: D.K. JAIN , FOR THE A PPELLANT R.B. DOSHI , F OR THE RE SPONDENT DATE OF CONCLUDING THE HEARING : JUNE 23 RD , 201 6 DATE OF PRONOUNCING THE ORDER : JUNE 23 RD , 201 6 O R D E R 1. BY WAY OF THIS APPEAL, THE ASSESSING OFFICER HAS CHALLENGED CORRECTNESS OF THE ORDER DATED 02.06.2016 , PASSED BY THE LEARNED CIT(A), FOR THE ASSESSMENT YEAR 200 7 - 08 , ON THE FOLLOWING GROUNDS : - 1. WHETHER IN LAW AND ON FACTS AND CIRCUMS TANCES OF THE CASE, T HE LD. CIT(A) HAS ERRED IN DELETING THE ADDITION U/S. 69B OF RS.23,29,000/ - MADE BY THE ASSESSING OFFICER ON ACCOUNT OF DIFFERENCE IN STOCK REPORTED IN THE STOCK STATEMENT SUBMITTED TO BANK AND AS PER BOOKS OF ACCOUNTS . . 2. THE ORDER OF T HE LD. CIT(A) IS ERRONEOUS BOTH IN LAW AND ON FACTS 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VIEW THAT THIS APPEAL ITA NO 154 / RPR /201 4 ASSESSMEN T Y EAR: 2 00 7 - 08 PAGE 2 OF 2 IS LIABLE TO BE DISMISSED AS WITHDRAWN FOR THE SIMPLE REASON THAT TAX EFFECT INVOLVED IN THE APPEAL IS LESS THAN RS.10,00,000/ - . 3.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 23 RD DAY OF JUNE, 2016. SD/ - PRAMOD KUMAR (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