ACIT, V. M/s Prakash Industries,

ITA 269/RAN/2014

• Counselvise Citation: [2015] 134 COUNSELVISE.COM (IT) 0427 (ITAT-RANCHI)
• Duration Of Justice: 1 year(s) 2 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-11-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2005-2006
• Appeal Filed On: 18-08-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: CHOUDHARI ORAON
• Assessee Lawyers: P K AGARWAL
• Keywords: Question of law; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL: CIRCUIT BENCH : RANCHI [BEFORE HONBLE S/SHRI N. S. SAINI, AM AND GEORGE M ATHAN, JM] ITA NO.269/RAN/2014 ASSESSMENT YEAR: 2005-06 THE ASST. COMMISSIONER OF INCOME TAX, JAMSHEDPUR, 1, OFFICE ROAD, BISTPUR, JAMSHEDPUR 831 001 VS M/S. PRAKASH INDUSTRIES,C-7, 2 ND PHASE, INDUSTRIAL AREA, ADITIYAPUR,JAMSHEDPUR 831 013 PAN: AADFP7602G (APPELLANT) (RESPONDENT) APPELLANT BY CHOUDHARI ORAON, DR RESPONDENT BY SHRI P. K. AGARWAL, CA DATE OF HEARING: 02-11-2015 DATE OF PRONOUNCEMENT: 02-11-2015 O R D E R PER GEORGE MATHAN, JM: THIS APPEAL IS FILED BY THE REVENUE AGAINST THE O RDER OF THE LEARNED CIT (A), JAMSHEDPUR, JHARKHAND IN APPEAL NO .223/SR/2007-08 DATED 30-04-2014 FOR THE ASSESSMENT YEAR 2005-06. 2. AT THE OUTSET, THE LEARNED COUNSEL FOR THE ASSES SEE SUBMITTED THAT SINCE THE DEPARTMENTAL APPEAL IS FILED ON 18-08-2014, THEREFORE, THE CBDT CIRCULAR NO.3/2011 DATED 09-02- 2011 WOULD BE APPLICABLE THROUGH WHICH IT IS DIRECTED THAT DEPART MENTAL APPEALS SHOULD NOT BE FILED BEFORE THE TRIBUNAL IN THE CASE S WHERE THE TAX EFFECT IN THE DEPARTMENTAL APPEAL IS BELOW RS.3 LAC S. HE HAS FURTHER CONTENDED THAT IN THE GROUNDS OF APPEAL RAISED BY T HE REVENUE, THE TAX ITA NO. 269/R/2014 (AY: 2005-06) 2 EFFECT WILL NOT EXCEED RS.3 LACS. THEREFORE, THE AP PEAL IS FILED IN CONTRAVENTION OF THE BOARD CIRCULAR. 3. THE LEARNED DR DID NOT DISPUTE THE CONTENTIONS O F THE LEARNED COUNSEL FOR THE ASSESSEE THAT THE TAX EFFECT IS BEL OW RS.3 LACS AS PER THE GROUNDS RAISED BY THE DEPARTMENT IN THE PRESENT APPEAL. 4. ON CONSIDERATION OF THE RIVAL SUBMISSIONS, WE DO NOT FIND ANY JUSTIFICATION FOR FILING OF THE DEPARTMENTAL APPEAL IN CONTRAVENTION OF THE BOARD CIRCULAR. THE DEPARTMENTAL APPEAL IS ADMI TTEDLY FILED ON 18 TH AUGUST, 2014 AND AS SUCH THE RECENT BOARD CIRCULAR WILL APPLY THROUGH WHICH IT IS DIRECTED THAT THE DEPARTMENTAL APPEALS HAVING TAX EFFECT OF LESS THAN RS.3 LACS SHOULD NOT BE FILED. APPEAL REC ORDS SHOWS THAT TAX EFFECT IN THE DEPARTMENTAL APPEAL IS BELOW RS.3 LAC S WHICH IS ALSO NOT DISPUTED BY THE LEARNED DR. NO SUBSTANTIAL QUESTION OF LAW ARISES OUT OF THE IMPUGNED ORDER. IN THIS VIEW OF THE MATTER, THE DEPARTMENTAL APPEAL IS NOT MAINTAINABLE AND IS LIABLE TO BE DISM ISSED. IN VIEW OF THE ABOVE, WE DISMISS BOTH THE APPEAL OF THE REVENUE. 5. IN THE RESULT, THE DEPARTMENTAL APPEAL IS DISMIS SED. THE ORDER PRONOUNCED IN THE OPEN COURT AT THE CLOSE OF HEARING ON 02-11-2015. ( N .S. SAINI ) ACCOUNTANT MEMBER (GEORGE MATHAN ) JUDICIAL MEMBER DATE : 02 - 11 - 2015 L LL LK DEKA/SR.PS K DEKA/SR.PS K DEKA/SR.PS K DEKA/SR.PS ITA NO. 269/R/2014 (AY: 2005-06) 3 COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE CIT(A) - 5. THE DR, ITAT, RANCHI 6. GUARD FILE BY ORDER DATE INITIAL ORIGINAL DICTATION PAD & DRAFTS ARE ENCLOSED IN THE F ILE 1. DRAFT DICTATED ON 02.11.15 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 02.11.15 SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER 02.11.15 JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER 02.11.15 JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS 02.11.15 SR.PS 6. DATE OF PRONOUNCEMENT 02.11.15 SR.PS 7. FILE SENT TO THE BENCH CLERK ` 02.11.15 SR.PS 8. DATE ON WHICH FILE GOES TO THE HEAD CLERK 9. DATE OF DISPATCH OF ORDER