ITO, WARD-1(5), Jamshedpur V. M/s Himachal Construction Company Private Ltd, Jamshedpur

ITA 25/RAN/2016

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 9606 (ITAT-RANCHI)
• Duration Of Justice: 3 year(s) 2 month(s) 30 day(s)
• Appeal Type: Income Tax (Transfer Pricing) Appeal
• Pronouncement Date: 05-04-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2008-2009
• Appeal Filed On: 06-01-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P K MONDAL
• Assessee Lawyers: S K PODDAR
• Keywords: Tax effect

Judgement Text

1 ITA NO. 25 /RAN/ 201 6 IN THE INCOME TAX APPELLATE TRIBUNAL, RANCHI BENCH, RANCHI BEFORE SHRI N.S.SAINI , ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE , JUDICIAL MEMBER ITA NO. 25 /RAN/201 6 A .Y. : 20 08 - 20 09 ITO WARD - 1(5), 47, C.H.AREA, JAMSHEDPUR V S M/S HIMACHAL CONSTRUCTION COM PANY PRIVATE LIMITED, 11, HIG ADARSH NAGAR, SONARI, JAMSHEDPUR - 11 P AN NO. : A A ACH 5415 K (APPELLANT ) . RESPONDENT ASSESSEE BY : SHRI S.K.PODDAR & DEVESH PODDAR, ADV. REVENUE BY :SHRI P.K.MONDAL , DR DATE OF HEARING : 2 5 . 05 .201 8 DATE OF PRONOUNCEMENT : 28.05 .201 8 O R D E R PER PAVAN KUMAR GADALE, JM : THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER OF CIT ( A ) , JAMSHEDPUR , DATED 28.10.2015 , FOR THE ASSESSMENT YEAR 20 08 - 2009 . 2. LD. DR BE FORE US SUBMITTED THAT THE CIT(A) HAS ERRED IN DELETING THE ADDITION OF RS.8,16,200/ - MADE BY THE AO AND ALSO IN RESTRICTING THE DISALLOWANCE OF EXPENDITURE TO 8% OF THE TOTAL EXPENDITURE , WHEREAS LD. AR SUBMITTED THAT THE ABOVE AMOUNT COMES WITHIN THE PA RAMETERS OF TAX EFFECT AND THE LD.DR CONCEDED THAT THE TAX EFFECT IS BELOW RS.10 LAKHS. 3. WE FIND THAT T HE TAX EFFECT IN THIS REVENUE APPEAL IS BELOW THE LIMITS SPECIFIED BY THE CBDT CIRCULAR NO. 21/2015, DATED 10TH DECEMBER, 2015. 2 ITA NO. 25 /RAN/ 201 6 THEREFORE, THE APPEAL OF THE REVENUE IS NOT MAINTAINABLE AND ACCORDINGLY, THE SAME IS DISMISSED. 4 . IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 28 / 05 /201 8 SD/ - SD/ - ( N.S.SAINI ) ( PAVAN KUMAR GADALE ) ACCOUNTANT MEMBER JUDICIAL MEMBER RANCHI , DATED 28 / 05 /201 8 PRAKASH KUMAR MISHRA , SR. PS COPY OF THE ORDER FORWARDED TO : BY ORDER, //TRUE COPY// SR.PS, ITAT, RANCHI 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) CONCERNED 4. CIT , CONCERNED 5. DR, ITAT, RANCHI 6. GUARD FILE.