DCIT, Circle-2, Jodhpur V. Smt. Premlata Jangid, Jodhpur

ITA 210/JODH/2018

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 6123 (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: 2013-2014
• Appeal Filed On: 07-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A K DAS
• Assessee Lawyers: SUNIL SOLANKI
• Keywords: Tax effect
• Section: 143(3); 68

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL JODHPUR BENCH (SMC), JODHPUR BEFORE SHRI R.C. SHARMA, ACCOUNTANT MEMBER ITA NO. 210/JODH/2018 (ASSESSMENT YEAR-2013-14 THE D.C.I.T., CIRCLE-2, JODHPUR. VS SMT. PREMLATA JANGID, G-132, SHASTRI NAGAR, JODHPUR. (APPELLANT) (RESPONDENT) PAN: ADCPJ8222A REVENUE BY SH. A. K. DAS (JCIT) (DR) ASSESSEE BY SH. SUNIL SOLANKI. DATE OF HEARING 18/07/2018 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)-2, UDAIPUR DATED 01/03/2018 FOR THE A.Y. 201 3-14 IN THE MATTER OF ORDER U/S 143(3) OF THE INCOME-TAX ACT, 1 961 [HEREINAFTER REFERRED TO AS THE ACT, FOR SHORT]. THE GROUNDS R AISED BY THE REVENUE IN APPEAL ARE REPRODUCED AS UNDER: 1. WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES O F THE CASE, THE CIT(A) WAS JUSTIFIED IN DELETING THE ADDITION OF RS. 45,00 ,000/-= U/S 68 MADE BY THE AO ON ACCOUNT OF UNEXPLAINED OPENING BALANCE IN THE CREDITORS ACCOUNT AS THE ASSESSEE FAILED TO FURNISH CONFIRMAT ION FROM SUNDRY CREDITORS. 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 DATED 11.07.201 8 THIS APPEAL DESERVES TO BE DISMISSED ON THE GROUND OF LOW 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. 210/JODH/2018) ASSISTANT REGISTRAR JODHPUR BENCH