ITO, Ward-2, Hanumangarh V. Shri Sanjay Kumar Goyal Prop. M/s. Om Traders, Hanumangarh

ITA 197/JODH/2018

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 6121 (ITAT-JODHPUR)
• Duration Of Justice: 2 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-07-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2012-2013
• Appeal Filed On: 07-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A K DAS
• Keywords: Tax effect
• Section: 154

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL JODHPUR BENCH (SMC), JODHPUR BEFORE SHRI R.C. SHARMA, ACCOUNTANT MEMBER ITA NO. 197/JODH/2018 (ASSESSMENT YEAR-2012-13 INCOME TAX OFFICER, WARD-2, HANUMANGARH. VS SHRI SANJAY KUMAR GOYAL PROP. M/S. OM TRADERS, B- 503, BLOCK NO. 4, KHAR HOUSE, NEW MUMBAI. (APPELLANT) (RESPONDENT) PAN: AKGPG5496G REVENUE BY SH. A. K. DAS (JCIT) (DR) ASSESSEE BY NONE DATE OF HEARING 17/07/2018 DATE OF PRONOUNCEMENT 18/07/2018 O R D E R PER: R.C. SHARMA, AM THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF THE CIT(A), BIKANER DATED 03/01/2018 FOR THE A.Y. 2 012-13 IN THE MATTER OF ORDER U/S 154/143(3) OF THE INCOME-TAX AC T, 1961 [HEREINAFTER REFERRED TO AS THE ACT, FOR SHORT]. THE GROUNDS RAISED BY THE REVENUE IN APPEAL ARE REPRODUCED AS U NDER: 2 1. WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES O F THE CASE, THE LD. CIT(A) HAS ERRED IN DELETING ADDITION OF RS.2,94,37 5/- MADE ON ACCOUNT OF CAPITAL GAIN ASSESSED U/S 154 OF THE IT ACT, 1961. 2. I HAVE GONE THROUGH THE ORDERS OF AUTHORITIES BELOW AND FOUND THAT TAX EFFECT IN RESPECT OF ADDITIONS DELETED BY CIT(A) IS BELOW RS. 20 LACS, ACCORDINGLY IN TERM OF CBDT CIRCULAR NO. 3/2018 DAT ED 11.07.2018 THIS APPEAL DESERVES TO BE DISMISSED ON THE GROUND OF LO W TAX EFFECT. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMIS SED. ORDER PRONOUNCED IN THE OPEN COURT ON 18/07/2018 . SD/- [R.C. SHARMA] ACCOUNTANT MEMBER DATED : 18/07/2018 *AMAN. COPY TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR 6. GUARD FILE (ITA NO. 139/JODH/2018) ASSISTANT REGISTRAR JODHPUR BENCH