ITO, Varanasi V. Shri Jasbit Singh Sabbharwal, Varanasi

ITA 159/ALLD/2011

• Counselvise Citation: 15920714 RSA 2011
• Duration Of Justice: 1 year(s) 2 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-11-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2008-2009
• Appeal Filed On: 02-09-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: Y P SRIVASTA VA
• Assessee Lawyers: S K GARG
• Keywords: Audit objection; Question of law; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, ALLAHABAD BENCH, ALLAHABAD BEFORE : SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI A.L. GEHLOT, ACCOUNTANT MEMBER ITA NO. 159/ALLD./2011 ASSTT. YEAR : 2008-09 INCOME-TAX OFFICER, VS. SHRI JASBIR SINGH SABBHAR WAL, WARD 2(1), VARANASI 24, GANDHI NAGAR, SIGRA, VARANASI.(PAN:AEAPS 2881 K) (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI Y.P. SRIVASTAVA, D.R. RESPONDENT BY : SHRI. S.K. GARG, ADVOCATE DATE OF HEARING : 05.11.2012 DATE OF PRONOUNCEMENT OF ORDER : 08.11.2012 ORDER PER BHAVNESH SAINI, J.M.: THIS APPEAL BY THE REVENUE HAS BEEN DIRECTED AGAI NST THE ORDER OF LD.CIT(A), VARANASI DATED 24.06.2011 FOR THE ASSESS MENT YEAR 2008-09, CHALLENGING THE ORDER OF THE LD. CIT(A) IN DELETING THE ADDITION OF RS.8,55,357/- ON ACCOUNT OF ESTIMATE OF PROFIT. 2. THE LD. CIT(A), CONSIDERING THE MATERIAL PRODUCE D BEFORE HIM WAS SATISFIED THAT THERE IS AN INCREASE IN THE PROFIT RATE AS COM PARED TO THE EARLIER YEARS AND ACCORDINGLY, ADDITION WAS DELETED. THE PRESENT DEPA RTMENTAL APPEAL IS FILED IN THE OFFICE OF THE TRIBUNAL ON 02.09.2011. THE LD. COUNS EL FOR THE ASSESSEE SUBMITTED ITA NO. 159/ALLD./2011 2 THAT THE TAX EFFECT IN THE DEPARTMENTAL APPEAL IS B ELOW RS.3,00,000/-. ACCORDING TO THE CBDT INSTRUCTION NO. 3 OF 2011 DATED 09.02.2011 , IT IS DIRECTED THAT THE DEPARTMENTAL APPEAL SHOULD NOT BE FILED BEFORE THE TRIBUNAL IF THE MONETARY LIMIT IN THE DEPARTMENTAL APPEAL WOULD NOT EXCEED RS.3,00,00 0/-. IT IS ADMITTED FACT THAT IN THE DEPARTMENTAL APPEAL, THE TAX EFFECT IS BELOW RS .3,00,000/-. THEREFORE, THE APPEAL OF THE REVENUE IS NOT MAINTAINABLE AS HAS BE EN FILED AGAINST THE ABOVE INSTRUCTION OF THE BOARD. NO QUESTION OF LAW OR ANY AUDIT OBJECTION HAS BEEN RAISED IN THE DEPARTMENTAL APPEAL. ACCORDINGLY, THE DEPART MENTAL APPEAL IS DISMISSED AS NON-MAINTAINABLE. 3. IN THE RESULT, THE DEPARTMENTAL APPEAL IS DISMIS SED. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (A.L. GEHLOT) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER *AKS/- COPY OF THE ORDER FORWARDED TO : 1. APPELLANT 2. RESPONDENT 3. CIT(A), CONCERNED BY ORDER 4. CIT, CONCERNED 5. DR, ITAT, ALLAHABAD 6. GUARD FILE ASSTT. REGISTRAR TRUE COPY