DY. C.I.T.2(1), RAIPUR (CG) V. M/S KISHORE ATLANI, RAIPUR (CG)

ITA 175/BIL/2014

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 1353 (ITAT-RAIPUR)
• Duration Of Justice: 1 year(s) 10 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-06-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2011-2012
• Appeal Filed On: 20-08-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P K JAIN
• Assessee Lawyers: R B DOSHI
• Keywords: Tax effect
• Section: 10

Judgement Text

ITA NO S . 1 74 & 175 / RPR /201 4 ASSESSMEN T Y EAR: 2010 - 11 & 2011 - 12 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL, RAIPUR BENCH, SMC , RAIPUR [CORAM : PRAMOD KUMAR AM ] ITA NO S . 1 74 & 1 75 / RPR /201 4 AS SESSMENT Y EAR S : 2 010 - 11 & 2011 - 12 DY. COMMISSIONER OF INCOME TAX - 2(1) .APPELLANT RAIPUR. VS. KISHORE ATLANI . .. . RESPONDENT ATLANI BUNGLOW, KHAMARDIH ROAD, SHANKAR NAGAR, RAIPUR (C.G.) [ PAN : A FPPA 2707 Q ] APPEARANCES BY: P .K. JAIN , FOR THE A PPELLANT R.B. DOSHI , F OR THE RE SPONDENT DATE OF CONCLUDING THE HEARING : JUNE 2 3 RD , 201 6 DATE OF PRONOUNCING THE ORD ER : JUNE 23 RD , 201 6 O R D E R 1. BY WAY OF TH ESE APPEAL S , THE ASSESSING OFFICER HAS CHALLENGED CORRECTNESS OF THE CONSOLIDATED ORDER DATED 22.05. 2014 , PASSED BY THE L EARNED CIT(A), FOR THE ASSESSMENT YEAR S 2010 - 11 & 2011 - 12 , ON THE FOLLOWI NG GROUND S : - A.Y. 20 10 - 11 1. WHETHER IN LAW AND ON FACTS AND CIRCUMSTANCES OF THE CASE, T HE LD. CIT(A) HAS ERRED IN DELETING THE DISALLOWANCE OF RS.1 6,44,864 / - MADE BY THE ASSESSING OFFICER OUT OF INTEREST EXPENSES . 2 . THE ORDER OF THE LD. CIT(A) IS E RRONEOUS BOTH IN LAW AND ON FACTS. A.Y. 201 1 - 1 2 1. WHETHER IN LAW AND ON FACTS AND CIRCUMSTANCES OF THE CASE, T HE LD. CIT(A) HAS ERRED IN DELETING THE DISALLOWANCE OF RS.22,74,798/ - MADE BY THE ASSESSING OFFICER OUT OF INTEREST EXPENSES. ITA NO S . 1 74 & 175 / RPR /201 4 ASSESSMEN T Y EAR: 2010 - 11 & 2011 - 12 PAGE 2 OF 2 2 . THE ORDER OF THE LD. CIT(A) IS ERRONEOUS BOTH IN LAW AND ON FACTS. 2. I HAVE NOTICED THAT THE TAX EFFECT INVOLVED IN TH ESE APPEAL S 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NO.21/2015 DATED 10 TH DECEMBER, 2 015, I AM OF THE CONSIDERED VIEW THAT TH ESE APPEAL S ARE LIABLE TO BE DISMISSED AS WITHDRAWN FOR THE SIMPLE REASON THAT TAX EFFECT INVOLVED IN THE SE APPEAL S IS LESS THAN RS.10,00,000/ - . 3. IN THE RESULT, BOTH THE APPEAL S ARE DISMISSED. PRONOUNCED IN THE O PEN 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