ACIT, Jaipur V. M/S RAJASTHAN CYLINDERS AND CONTAINER LTD., Jaipur

ITA 267/JPR/2012

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 5592 (ITAT-JAIPUR)
• Duration Of Justice: 3 year(s) 9 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-01-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 20-03-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJ MEHRA
• Assessee Lawyers: HIMANSHU GOYAL CA DHK
• Keywords: Tax effect
• Section: 145

Judgement Text

ITA NO. 267/JP/2012 ACIT, CIRCLE- 4, JAIPUR VS. M/S. RA JASTHAN CYLINDERS & CONTAINERS LTD.,JAIPUR 1 VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES, JAIPUR JH VKJ-IH-RKSYKUH] U;KF;D LNL; ,OA JH FOE FLAG ;KN O] YS[KK LNL; DS LE{K BEFORE:SHRI R.P.TOLANI, JM & SHRI VIKRAM SINGH YADA V, AM VK;DJ VIHY LA-@ ITA NO. 267/JP/2012 FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 2008-09 THE ACIT CIRCLE- 4 JAIPUR CUKE VS. M/S. RAJASTHAN CYLINDERS & CONTAINERS LTD. SP -825, VKI AREA , JAIPUR LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO.: AABCR 1526 J VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT C.O. NO.36/JP/2012 (ARISING OUT OF VK;DJ VIHY LA-@ ITA NO. 36/JP/2012) FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 2008-09 M/S. RAJASTHAN CYLINDERS & CONTAINERS LTD. SP -825, VKI AREA , JAIPUR CUKE VS. THE ACIT CIRCLE- 4 JAIPUR LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO.: AABCR 1526 J VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT JKTLO DH VKSJ LS@ REVENUE BY :SHRI RAJ MEHRA, JCIT - DR FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY : SHRI HIMANSHU GOYAL, CA LQUOKBZ DH RKJH[K@ DATE OF HEARING : 12/01/2016 ?KKS'K .KK DH RKJH[K@ DATE OF PRONOUNCEMENT : 13 /01/2016 ITA NO. 267/JP/2012 ACIT, CIRCLE- 4, JAIPUR VS. M/S. RA JASTHAN CYLINDERS & CONTAINERS LTD.,JAIPUR 2 VKNS'K@ ORDER PER R.P. TOLANI, JM THE REVENUE HAS FILED AN APPEAL AGAINST THE ORDER O F THE LD. CIT(A) ,JODHPUR (CAMP AT JAIPUR ) DATED 09-01-2012 FOR THE ASSESSMENT YEAR 2007- 08. THE ASSESSEE HAS FILED THE CROSS OBJECTION. 2.1 THE SOLITARY GROUND RAISED BY THE REVENUE IN IT S APPEAL IS AS UNDER :- ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW THE LD. CIT(A) HAS ERRED IN:- (I) DELETING TRADING ADDITION OF RS. 15,80,000/-MAD E BY THE AO DESPITE CONFIRMING REJECTION OF BOOKS OF ACCOUNT OF THE ASSESSEE U/S 145(3). 3.1 THE SOLITARY GROUND RAISED BY THE ASSESSEE IN ITS C.O. IS AS UNDER:- THE LD. CIT(A) HAS ERRED IN LAW AS WELL AS FACTS BY UPHOLDING THE REJECTION OF BOOKS OF ACCOUNT BY INVO KING THE PROVISIONS OF SECTION 145 OF THE I.T. ACT, 1961. 4.1 WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE MATERIALS AVAILABLE ON RECORD. IT IS OBSERVED THAT THE DEMAN D/ TAX EFFECT IN THE REVENUE APPEAL IN QUESTION IS APPROX TO THE TUNE OF RS. 5.00 LACS. UNDER THE ITA NO. 267/JP/2012 ACIT, CIRCLE- 4, JAIPUR VS. M/S. RA JASTHAN CYLINDERS & CONTAINERS LTD.,JAIPUR 3 POWERS VESTED BY SEC. 268A(1) OF THE I T ACT, CBDT HAS RECENTLY ISSUED CIRCULARNO.21 OF 2015 DATED 10.12.2015(F NO. 279/MI SC. 142/2007-ITJ(PT) INSTRUCTING THE AUTHORITIES BELOW DEPARTMENTAL APPEAL SHOULD NOT BE FILED BEFORE ITAT WHERE THE DE MAND/TAX EFFECT DOES NOT EXCEED LESS THAN RS.10 LACS. THE CI RCULAR IS SPECIFICALLY MENTIONED TO BE APPLICABLE FOR ALL PENDING APPEALS. 4.2 SUBJECT TO SOME EXCEPTIONS, IT IS FURTHER DIRE CTED BY CBDT THAT ALL THE DEPARTMENTAL APPEALS PENDING BEFORE ITAT WHERE THE DEMAND/TAX EFFECT IS LESS THAN 10 LACS SHOULD BE EITHER WITHDRAWN OR NOT PRESSED BY THE DEPARTMENTAL REPRESENTATIVES. 4.3 THE PRESENT APPEAL IS NOT COVERED BY ANY EXCEP TIONS MENTIONED IN THE SAID CBDT CIRCULAR. SINCE THE TAX DEMAND IN DISPUTE IN THIS DEPARTMENTAL APPEAL IS BELOW THE LIMIT SET OUT BY CBDT FOR THE A PPEAL THE SAME IS NOT MAINTAINABLE IN VIEW OF FORE GOINGS. ACCORDINGLY TH E APPEAL OF THE DEPARTMENT IS DISMISSED AS NOT PRESSED/WITHDRAWN. 4.4. APROPOS CO, WE MAY MENTION THAT IN TER MS OF SEC 253(4) OF THE I.T. ACT, THE RIGHT THEREOF DEPENDS ON THE SURVIVAL OF CORRESPONDING REVENUE APPEAL. SINCE THE REVENUE APPEAL IS WITHDRAWN / NO T PRESSED AND IS ITA NO. 267/JP/2012 ACIT, CIRCLE- 4, JAIPUR VS. M/S. RA JASTHAN CYLINDERS & CONTAINERS LTD.,JAIPUR 4 CONSEQUENTLY INFRUCTUOUS AND DO NOT SURVIVE; AS A NECESSARY CONSEQUENCE THE CORRESPONDING CO WILL ALSO STAND DISMISSED AS N OT MAINTAINABLE. 5.0 IN THE RESULT, THE APPEAL OF THE REVENUE IS DIS MISSED AND C.O. OF THE ASSESSEE IS INFRUCTUOUS. ORDER PRONOUNCED IN THE OPEN COURT ON 13/01/2016 . SD/- SD/- FOE FLAG ;KNO VKJ-IH-RKSYKUH (VIKRAM SINGH YADAV) (R.P.TOLANI) YS[KK LNL;@ ACCOUNTANT MEMBER U;KF;D LNL;@ JUDICIAL MEMBER FNUKAD@ DATED:- 13 /01/ 2016 *MISHRA VKNS'K DH IZFRFYFI VXZSFKR@ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT- THE ACIT, CIRCLE- 4, JAIPUR 2. IZR;FKHZ@ THE RESPONDENT- M/S. RAJASTHAN CYLINDERS & CONTAIN ERS LTD. JAIPUR 3. VK;DJ VK;QDRVIHY@ CIT(A). 4. VK;DJ VK;QDR@ CIT 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ@ DR, ITAT, JAIPUR 6. XKMZ QKBZY@ GUARD FILE (ITA NO.267/JP/2012) VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASSISTANT. REGISTRAR ITA NO. 267/JP/2012 ACIT, CIRCLE- 4, JAIPUR VS. M/S. RA JASTHAN CYLINDERS & CONTAINERS LTD.,JAIPUR 5 ITA NO. 267/JP/2012 ACIT, CIRCLE- 4, JAIPUR VS. M/S. RA JASTHAN CYLINDERS & CONTAINERS LTD.,JAIPUR 6