ITO, Dausa V. KISHAN METHI, Dausa

ITA 174/JPR/2011

• Counselvise Citation: 17423114 RSA 2011
• Duration Of Justice: 4 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-06-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2002-2003
• Appeal Filed On: 25-02-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VINOD JOHRI
• Keywords: Unexplained investment; Tax effect
• Section: 268A; 69

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL JAIPUR BENCH B JAIPUR (BEFORE SHRI R.K. GUPTA AND SHRI .N.L. KALR A ) ITA NO. 174/JP/2011 ASSESSMENT YEAR : 2002-03 PAN: ACSPM 8716 D THE ITO VS. SHRI KISHAN METHI WARD- DAUSA PROP. M/S. METHI TRADERS NEW MANDI ROAD, DAUSA (APPELLANT) (RESPONDENT) DEPARTMENT BY: SHRI VINOD JOHRI ASSESSEE BY : NONE ORDER PER N.L. KALRA, AM:- THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF THE LD. CIT(A), ALWAR DATED 19-11-20109 FOR THE ASSESSMENT YEAR 2002-03 WHEREIN THE REVENUE HAS RAISED THE FOLLOWING GROUNDS. 1. THAT THE LD. CIT(A) HAS ERRED IN LAW AS WELL A S ON THE FACTS AND CIRCUMSTANCES OF THE CASE IN DELETING THE ADDITION OF RS. 3,49,287/- MADE BY THE AO. 2. THAT THE LD. CIT(A) HAS ERRED IN LAW AS WELL AS ON THE FACTS AND CIRCUMSTANCES OF THE CASE IN DELETING THE ADDITION OF RS. 90,000/- MADE BY THE AO ON ACCOUNT OF UNACCOUNTED INVESTMENT U/S 69 OF THE INCOME TAX ACT .. 2.1 WE HAVE HEARD THE LD. DR AND PERUSED THE MATER IALS AVAILABLE ON RECORD. THE BENCH NOTED THAT TAX EFFECT IN THE PRES ENT CASE OF THE 2 DEPARTMENTAL APPEAL IS LESS THAN RS.2.00 LACS AND H ENCE APPEAL FILED BY REVENUE IS NOT MAINTAINABLE IN VIEW OF PROVISIONS OF SECTION 268A OF THE ACT AND THE DECISION OF THIS BENCH IN THE CASE OF I .T.O. VS. SMT. GEETA DEVI GOYAL, 120 TTJ 136. 3. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED AS NOT MAINTAINABLE THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 30-0 6-2011. SD/- SD/- (R.K. GUPTA) (N.L. KALRA) JUDICIAL MEMBER ACCOUNTANT MEMBER JAIPUR DATED: 30/06/2011 MISHRA COPY TO: 1. THE ITO, WARD- DAUSA 2. SHRI KISHAN METHI, PROP. M/S. METHI TRADERS, DAU SA 3.THE LD. CIT (A) BY ORDER 4.THE CIT 5.THE D/R 6.THE GUARD FILE (ITA NO.174/JP/11) SR. P.S. ITAT: JAIPUR 3