Income Tax Officer , Barabanki V. Shri Gyan Singh S/o Late Shyam Lal Yadav, Barabanki

ITA 18/LKW/2013

• Counselvise Citation: [2015] 120 COUNSELVISE.COM (IT) 9065 (ITAT-LUCKNOW)
• Duration Of Justice: 2 year(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-01-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 26-11-2014
• Assessment Year: 2009-2010
• Appeal Filed On: 10-01-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K R RASTOGI
• Keywords: Tax effect

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH A, LUCKNOW BEFORE SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI A.K. GARODIA, ACCOUNTANT MEMBER ITA NO.18/LKW/2013 ASSESSMENT YEAR:2009 - 10 SHRI GYAN SINGH, S/O LATE SHYAM LAL YADAV, SAFDARGANJ CHAURAHA, BARABANKI. PAN:AVHPS2373L VS INCOME TAX OFFICER, BARABANKI. (RESPONDENT) (APPELLANT) SHRI RAJNISH YADAV, D. R. APPELLANT BY SHRI K. R. RASTOGI, C. A. RESPONDENT BY 26/11/2014 DATE OF HEARING 18 /01/2015 DATE OF PRONOUNCEMENT O R D E R PER A. K. GARODIA, A.M. THIS IS REVENUES APPEAL DIRECTED AGAINST THE ORDER PASSED BY LEARNED CIT(A) - II, LUCKNOW DATED 09/11/2012 FOR THE ASSESSMENT YEAR 2009 - 2010. 2. IN THIS APPEAL THE REVENUE HAS RAISED THE FOLLOWING GROUNDS: 1. THE CIT(A) HAS ERRED IN LAW AND ON FACTS OF THE EASE IN DELETING THE ADDITION OF RS.8,22,000/ - ON ACCOUNT OF 'PEAK' OF UNEXPLAINED DEPOSITS IN THE BANK ACCOUNT OF THE ASSESSEE. IN DOING SO HE FAILED TO FOLLOW THE FOLLOWING COURT DECISIONS: - ( I ) BHAIYALAL BEHARI VS CIT 276 ITR 38 (ALLD.) ( II ) CTT VS VIJAY AGRICULTURAL INDUSTRIES 294 ITR 610 (ALLD.) 2. THE CIT(A) HAS ERRED IN LAW AND ON FACTS OF THE CASE IN ALLOWING REDUCTION OF RS.4.02,968/ - FROM CONSTRUCTION 2 INCOME AS WORKED OUT BY THE A.O. HE FAILED TO APPRECIATE THAT THE ENTIRE INCOME WAS CONCEALED AND DETECTED BY THE A.O. DURING THE COURSE OF HEARING. 3. AT THE VERY OUTSET, IT WAS SUBMITTED BY LEARNED A.R. OF THE ASSESSEE THAT TAX EFFECT IN THIS APPEAL IS BELOW RS.4 LAC S AND AS PER THE RECENT GUIDELINES OF CBDT, ANY APPEAL OF THE REVENUE HAVING TAX EFFECT BELOW RS.4 LAC S BEFORE THE TRIBUNAL IS NOT MAINTAINABLE. 4. WE HAVE CONSIDERED THE SUBMISSIONS OF LEARNED A.R. OF THE ASSESSEE. WE FIND THAT AS PER GROUND NO. 1, THE REVENUE IS DISPUTING THE DELETION OF ADDITION OF RS.8.22 LAC S AND AS PER GROUND NO. 2, THE REVENUE IS DISPUTING THE DELETION OF ADDITION OF RS.4.03 LAC AND HENCE , TOTAL DELETION OF ADDITION IN DISPUTE IS RS.12.25 LAC S AND THEREFORE, THE TAX EFFECT IN THE PRESENT CASE IS BELOW RS.4 LAC S. HENCE , THE APPEAL OF THE REVENUE IS NOT MAINTAINABLE AS PER THE RECENT GUIDELINES OF CBDT BECAUSE OF LOW TAX EFFECT. THIS APPEAL OF THE REVENUE IS DISMISSED ON THIS BASIS ALONE THAT THIS APPEAL IS NOT MAINTAINABLE BECAUSE OF LOW TAX EFFECT. 5. IN THE RESULT, THE APPEAL OF THE REVENUE STANDS DISMISSED. (ORDER WAS PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTION PAGE) SD/. SD/. (SUNIL KUMAR YADAV) ( A. K. GARODIA ) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 13 /01/2015. *C.L.SINGH COPY OF THE ORDER FORWARDED TO : 1.THE APPELLANT 2.THE RESPONDENT. 3.CONCERNED CIT 4.THE CIT(A) 5.D.R., I.T.A.T., LUCKNOW ASSTT. REGISTRAR