ITO, New Delhi V. M/s. Bellis Hardware (P) Ltd., New Delhi

ITA 2588/DEL/2010

• Counselvise Citation: [2011] 134 COUNSELVISE.COM (IT) 4077 (ITAT-DELHI)
• Duration Of Justice: 11 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-05-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 18-05-2011
• Assessment Year: 2006-2007
• Appeal Filed On: 31-05-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANUSHA KHURANA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH A NEW DELHI BEFORE SHRI R.P. TOLANI AND SHRI K.D. RANJAN ITA NO. 2588/DEL/2010 ASSTT. YR: 2006-07 INCOME-TAX OFFICER, VS. M/S BELLIS HARDWARE (P) L TD., WARD 2(4), NEW DELHI. 56-C, POCKET-I, MAYUR VIHAR , PHASE-I, NEW DELHI. PAN/GIR NO. AAACB4836E (APPELLANT ) ( RESPONDENT ) APPELLANT BY : MS. ANUSHA KHURANA SR. DR RESPONDENT BY : NONE O R D E R PER R.P. TOLANI, J.M : THIS IS REVENUES APPEAL AGAINST CIT(A)S ORDER D ATED 15-2-2010 RELATING TO A.Y. 2006-07. 2. THE ONLY EFFECTIVE GROUND RAISED BY THE REVENUE IS AS UNDER: IN THE FACTS AND CIRCUMSTANCES OF THE CASE, THE DE CISION OF LD. CIT(A) DELETING THE ADDITION OF RS. 631426/- ON ACC OUNT OF TRADING RESULTS IS NOT ACCEPTABLE AS THE ASSESSING OFFICER HAD POINTED OUT SPECIFIC DEFECTS AND MADE ADDITION IN T HE TRADING RESULTS OF THE ASSESSEE TO COVER UP THE GAP WHICH H E NOTICED DURING THE COURSE OF ASSESSMENT PROCEEDINGS AND HAS RIGHTLY REJECTED THE BOOKS OF ACCOUNT. 3. NONE PUT IN APPEARANCE ON BEHALF OF THE ASSESSEE AT THE HEARING. WE PROCEED TO DISPOSE OF THE APPEAL FILED BY THE REVEN UE, EX PARTE, QUA THE ASSESSEE AND IN THAT PROCESS WE HAVE HEARD THE LEA RNED DR AND HAVE GONE THROUGH THE RELEVANT MATERIAL AVAILABLE ON RECORD. 2 4. AS PER CBDT INSTRUCTION NO. 1979 DATED 27-3-200 0; INSTRUCTION NO. 2 OF 2005 DATED 24-10-2005; AND INSTRUCTION NO. 3 DATED 9 TH FEBRUARY 2011, APPEALS BEFORE THE ITAT WOULD NOT BE MAINTAINABLE IF THE TAX EFFECT IS BELOW RS. 3 LACS. ADMITTEDLY THE TAX EFFECT INVOLVE D IN THE PRESENT APPEAL IS BELOW RS. 3 LAKHS, THEREFORE, IN VIEW OF INSTRUCT IONS OF CBDT, REFERRED TO ABOVE, THE DEPARTMENTAL APPEAL IS NOT MAINTAINABLE. IN ARRIVING AT SUCH CONCLUSION WE ARE ALSO FORTIFIED BY THE RATIO OF DE CISIONS IN THE FOLLOWING CASES: (1) CIT VS. PRADEEP KUMAR GUPTA (2007) 207 CTR (DEL) 11 5; (2) ACIT VS. SATISH CHAND JAIN (2006) 10 SOT 383 (DEL.) ; (3) ACIT VS. DOON VALLEY MOTORS (2006) 10 SOT 525 (DEL. ); (4) JCIT VS. DEV RAJ AGARWAL (2005) 92 TTJ (LUCKNOW) 43 6; (5) ITA NO. 3839/D/04 & C.O. 28/DEL/07 ITO VS. M/ S M.J. WARE HOUSING (P) LTD.& VICE VERSA DATED 31-8-2007. 5. IN THE RESULT, REVENUES APPEAL IS DISMISSED. SD/- SD/- ( K.D. RANJAN ) ( R.P. TOLANI ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 18-05-2011. MP COPY FORWARDED TO: (1) ASSESSEE (2) AO (3) CIT (4) CIT(A) (5) DR