Income Tax Officer Ward -1(2), RAIPUR V. Shri. Mannulal Agrawal, RAIPUR

ITA 184/BIL/2011

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 94006 (ITAT-RAIPUR)
• Duration Of Justice: 3 year(s) 9 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-06-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2006-2007
• Appeal Filed On: 26-08-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: D K JAIN
• Assessee Lawyers: R B DOSHI
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, RAIPUR BENCH , RAIPUR BEFORE S/SHRI MUKUL K SHRAWAT, ( JM) AND SHAMIM YAHYA,(AM) I TA . NO . 1 84 / BLPR / 201 1 (ASSESSMENT YEAR : 200 6 - 07 ) INCOME TAX OFFICER, 1(2), CENTRAL REVENUE BUILDING, CIVIL LINES, RAIPUR VS. SHRI MANNULAL AGRAWAL, PROP. C/O M/S FASHION SUITING, PANDRI, RAIPUR. APPELLANT .. RESPONDENT PAN/GIR NO. : ACJPA2321B APPELLANT BY : SHRI D K JAIN RESPONDENT BY : SHRI R B DOSHI DATE OF HEARING : 1 5 .6.2 015 DATE OF PRONOUNCEMENT : 19 . 6. 201 5 O R D E R PER MUKUL K SHRAWAT, ( JM) : TH IS IS AN APPEAL FILED BY THE REVENUE ARISING FROM THE ORDER OF LD. CIT(A) DATED 30.5.2011 FOR THE ASSESSMENT YEAR 2006 - 07. 2. T HE REVENUE HA S RAISED THE FOLLOWING GROUNDS : 1. WHETHER ON THE FACTS AND CIRCUMSTANCES OF THE CASE, THE LD. CIT(A) WAS JUSTIFIED IN DELETING THE ADDITION OF RS.9,57,639/ - MADE BY THE AO ON ACCOUNT OF UNDER VALUATION OF CLOSING STOCK; 2. WHETHER IN LAW AND ON FACTS AND CIRCUMSTANCES OF THE CASE, THE CIT(A) WAS JUSTIFIED IN DELETING THE ADDITION OF RS.25,000/ - MADE BY THE AO ON ACCOUNT OF SALARY EXPENSES 3. AT THE OUTSET , WE HAVE BEEN INFORMED THAT THIS IS A CASE OF AN INDIVIDUAL, AS IS EVIDENT FROM THE ORDER PASSE D UNDER SECTION 143(3) DATED 26.12.2008. THE ADDITION IN RESPECT OF UNDERVALUATION OF CLOSING STOCK WAS STATED TO BE RS.9,57,639/ - AND THE ADDITION ON ACCOUNT OF SALARY EXPENSES WAS RS.25,000/ - . SINCE TAX ON THE TOTAL OF THE SAID TWO ADDITION S W AS ITA. NO. 184/ BLPR/201 1 2 BELOW TH E PRESCRIBED LIMIT OF RS.3 LAKHS FOR THE YEAR UNDER CONSIDER I.E. ASSESSMENT YEAR 2006 - 07. 4 . FROM THE SIDE OF THE REVENUE, THE LD. DR HAS PLACED RELIANCE ON THE RECENT JUDGMENT PRONOUNCED BY THE HONBLE HIGH COURT OF CHHATTISGARH IN THE CASE OF DHANUSH GENERAL STORES V/S CIT [2012] 20 TAXMANN.COM 853 (CHHATTISGARH) = (2011) 339 ITR 651(CHHATTISGARH). 5 . SINCE, THE TAX EFFECT IN RESPECT OF REVENUES APPEAL ADMITTEDLY IS BELOW THE PRESCRIBED TAX LIMIT, THEREFORE, WE HEREBY DISMISS THE APPEAL IN LIMINE. 6 . IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 19TH JUNE , 201 5 SD SD ( SHAMIM YAHYA ) ( MUKUL K SHRAWAT ) ACCOUNTANT MEMBER JUDICIAL MEMBER RAIPUR : 19TH JUNE,2015. SRL , SR. PS COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A) - C ONCERNED 4. CIT CONCERNED 5. DR, ITAT, RAIPUR CONCERNED 6. GUARD FILE. BY ORDER, SENIOR PRIVATE SECRETARY /ASSTT.REGISTRAR