ACIT, UDAIPUR V. Shri Vijay Kumar Sharma, UDAIPUR

ITA 207/JODH/2010

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 54446 (ITAT-JODHPUR)
• Duration Of Justice: 1 year(s) 8 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-12-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 09-12-2011
• Assessment Year: 2004-2005
• Appeal Filed On: 06-04-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R H GOHEL
• Keywords: Tax effect
• Section: 268A

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL JODHPUR BENCH, JODHPUR (BEFORE SHRI R.K. GUPTA AND SHRI .N.L. KALR A ) ITA NO. 207/JU/2010 ASSESSMENT YEARS: 2005-06 PAN: AHNPS 4186 M THE ACIT VS. SHRI VIJAY KUMAR SHARMA CIRCLE- 2 21, POLO GROUND UDAIPUR UDAIPUR (APPELLANT) (RESPONDENT) DEPARTMENT BY: SHRI R.H. GOHEL ASSESSEE BY : SHRI AMIT KOTHARI DATE OF HEARING: 09-12-2011 DATE OF PRONOUNCEMENT: 16-12-2011 ORDER PER N.L. KALRA, AM:- THE REVENUE HAS FILED APPEAL AGAINST THE ORDER OF THE LD.CIT(A), UDAIPUR DATED 28-12-2010 FOR THE ASSESSMENT YEAR 2004-05. 2. THE REVENUE RAISED THREE GROUNDS OF APPEAL AND AS PER THREE GROUNDS OF APPEAL THE AMOUNT AGAINST WHICH REVENUE IS AGGRIEVED FOR R S. 5,92,427/-. FOR THE ASSESSMENT YEAR UNDER CONSIDERATION , THE MAXIMUM INCOME TAX R ATE IS 30%. THUS THE TAX EFFECT IS BELOW RS. 2.00 LACS. THEREFORE, THE APPEAL OF THE R EVENUE IS NOT MAINTAINABLE AS PER SECTION 268A OF THE ACT. 3.0 IN THE RESULT, THE APPEAL OF THE REVENUE IS DIS MISSED. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 1 6-12-2011. SD/- SD/- (R.K. GUPTA) (N.L. KALRA) JUDICIAL MEMBER ACCOUNTANT MEMBER JODHPUR DATED: 16 /12/2011 MISHRA COPY TO: 1. THE ACIT, CIRCLE- 2, UDAIPUR 2. SHRI VIJAY KUMAR SHARMA, UDAIPUR 3.THE LD. CIT (A) BY ORDER 4.THE CIT 5.THE D/R 6.THE GUARD FILE (ITA NO.207//JU/10) AR. ITAT, J ODHPUR 2