I.T.O., Ward-3(1), Etah V. Sh. Narendra Kumar Gupta, Etah

ITA 230/AGR/2013

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 1960 (ITAT-AGRA)
• Duration Of Justice: 3 year(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-07-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 27-08-2014
• Assessment Year: 2006-2007
• Appeal Filed On: 25-06-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: BELU SINHA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AGRA BENCH, AGRA BEFORE SH RI J.S. REDDY , ACCOUNTANT MEMBER AND SHRI N.K. CHOUDHRY , JUDICIAL MEMBER ITA NO S . 150 & 230 / AG RA /201 3 ASSESSMENT YEAR : 20 0 6 - 07 INCOME TAX OFFICER (A.O.) VS. SHRI NA RENDRA KUMAR GUPTA , WAR D 3(1), ETAH. 14 - A, NAVEEN MANDI, ETAH. (PAN: A EUPG 2302 R ) . (APPELLANT) (RESPONDENT) A PPELLANT BY : S MT. BELU SINHA, SR. D.R. RE SPONDENT BY : SHRI DEEPENDRA MOHAN, C.A. DATE OF HEARING : 0 8 .07. 201 6 DATE OF PRONOUNCEMENT : 08 . 07.201 6 ORDER PER N.K. CHOUDHRY : TH ESE ARE APPEAL S FILED BY THE REVENUE AGAINST THE TWO SEPARATE ORDER S OF CIT(A), G HAZIABAD DATED 27.02.2013 AND 21.03.2013 F OR THE A SSESSMENT YEAR 200 6 - 07 , ON THE FOLLOWING GROUNDS : GROUNDS OF ITA NO.150/AGRA/2013 1. THE LD. CIT(A), GHAZIABAD S ORDER IS ERRONEOUS IN LAW AND ON F ACTS IN DELETING THE ADDITION ON ACCOUNT OF UNEXPLAINED TRANSACTIONS OF RS.1.13 CRORE, AS THE ASSESSEE FAILED TO EXPLAIN THESE TRANSACTIONS AND P ROVE THEIR GENUINENESS. 2 . THE LD. CIT(A), GHAZIABAD S ORDER IS ERRONEOUS IN LAW AND ON FACTS IN DELETING THE DISALLOWANCE OF RS.15,63,950/ - B3EING 1/10 TH OF ITA NO. 150 & 230 /AGRA/201 3 A.Y. 200 6 - 0 7 2 MANUFACTURING AND ADMINISTRATIVE EXPENSES, AS NO BOOKS OF ACCOUNT WERE PRODUCED DURING THE ASSES SMENT PROCEEDINGS. 3 . THE LD. CIT(A), GHAZIABAD S ORDER DATED 27.02.2013 MAY BE QUASHED AND THE ORDER OF AO MAY BE RESTORED. GROUNDS OF ITA NO. 23 0/AGRA/2013 1. THE LD. CIT(A) ERRED IN LAW AND ON FACTS IN DELETING THE PENALTY LEVIED UNDER SECTION 2 71(1)(C) OF THE IT ACT 1961 AT RS.43,19,066/ - ON ACCOUNT OF UNEXPLAINED TRANSACTIONS AND DISALLOWANCE OF MANUFACTURING AND ADMINISTRATIVE EXPENSES, AS THE ASSESSEE FAILED TO EXPLAIN THESE TRANSACTIONS AND PROVE THEIR GENUINENESS. 2 . THE LD. CIT(A) FAILE D TO APPRECIATE THAT INSPITE OF NUMBER OF OPPORTUNITIES GIVEN TO THE ASSESSEE , HE FAILED TO FURNISH WRITTEN EXPLANATION FOR NON IMPOSITION OF PENALTY. 3. THE LD. CIT(A), GHAZIABAD S ORDER DATED 21.03.2013 MAY BE QUASHED AND THE ORDER OF AO MAY BE RESTO RED. 2 . WE HAVE NOTICED THAT THE TAX EFFECT INVOLVED IN TH ESE APPEAL S IS LESS THAN RS.10,00,000/ - . IN VIEW OF THIS UNDISPUTED FACT AND IN THE LIGHT OF CBDT CIRCULAR NO.21/2015 DATED 10 TH DECEMBER, 2015, WE ARE OF THE CONSIDERED VIEW THAT TH ESE APPEAL S ARE LIABLE TO BE DISMISSED AS WITHDRAWN FOR THE SIMPLE REASON THAT TAX EFFECT INVOLVED IN TH ESE APPEAL S IS LESS THAN RS.10,00,000/ - . 3 . IN THE RESULT, BOTH THE APPEAL S AR E DISMISSED. (ORDER PRONOUNCED IN THE OPEN COURT ON 8 TH JULY, 2016) SD/ - SD/ - ( J.S. REDDY ) ( N.K. CHOUDHRY) ACCOUNTANT MEMBER JUDICIAL MEMBER DATE: 8 TH J U LY , 201 6 ITA NO. 150 & 230 /AGRA/201 3 A.Y. 200 6 - 0 7 3 PBN/* COPY OF THE ORDER FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT (APPEALS) CONCERNED 4. CIT CONCERNED 5. D.R., ITAT, AGRA BEN CH, AGRA 6. GUARD FILE. BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL, AGRA BENCH, AGRA