I.T.O., V. Shri Arvind Bhai Patel,

ITA 271/RAN/2014

• Counselvise Citation: [2015] 134 COUNSELVISE.COM (IT) 0437 (ITAT-RANCHI)
• Duration Of Justice: 1 year(s) 2 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-10-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2005-2006
• Appeal Filed On: 20-08-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: CHOUDHARY ORAON
• Assessee Lawyers: ASHUTOSH KR AGRAWAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RANCHI CIRCUIT BENCH, RANCHI BEFORE SHRI N.S. SAINI, HONBLE ACCOUNTANT MEMBER AND SHRI GEORGE MATHAN, HONBLE JUDICIAL MEMBER ITA NO. 271/RAN/2014 (ASST. YEAR : 2005-06) ITO, WARD-1(1), RANCHI. VS. SHRI ARVIND BHAI PATEL, PROP. M/S. ASHISH TRADING CO. PATEL COMPOUND, RANCHI. PAN NO. ADFPP 7609 A (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI ASHUTOSH KR. AGRAWAL ADV. DEPARTMENT BY : SHRI CHOUDHARY ORAON - DR DATE OF HEARING : 29/10/2015. DATE OF PRONOUNCEMENT : 29/10/2015. O R D E R PER N.S. SAINI, ACCOUNTANT MEMBER THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS), RANCHI, DATED 24/06/2014. 2. THE SOLE ISSUE INVOLVED IN THIS APPEAL IS THAT TH E COMMISSIONER OF INCOME TAX (APPEALS) ERRED IN DELETING THE ADDITION OF RS. 7,10,264/- UNDER THE HEAD UNDISCLOSED INCOME MADE BY THE ASS ESSING OFFICER. 3 . AT THE OUTSET, THE AUTHORIZED REPRESENTATIVE OF T HE ASSESSEE SUBMITTED THAT THE TAX EFFECT IN THE PRESENT APPEAL FILED BY THE REVENUE IS BELOW RS. 3 LAC AND, THEREFORE IN VIEW OF THE CB DT INSTRUCTION NO. 03/2011 DATED 09/02/2011, THE APPEAL FILED BY THE R EVENUE IS LIABLE TO BE DISMISSED. HE FILED A COMPUTATION OF TAX EFFECT WHICH READS AS UNDER:- 2 ITA NO. 271/RAN/2014 ASSESSED INCOME (A) RS. 8,09,180/ - INCOME TAX PAYABLE RS. 2,21,080/ - RETURNED INCOME (B) RS. 98,915/ - DIFFERENCE (A B) RS. 7,10,265/ - INCOME TAX PAYABLE RS. 1,90,823/ - 4. DEPARTMENTAL REPRESENTATIVE COULD NOT DISPUTE THE ABOVE SUBMISSION AND COMPUTATION OF TAX EFFECT FILED BY T HE ASSESSEE. FURTHER, DEPARTMENTAL REPRESENTATIVE ALSO COULD NOT POINT OUT THAT THE PRESENT APPEAL OF THE REVENUE FELL WITHIN ANY OF TH E EXCEPTIONS PROVIDED IN THE INSTRUCTION NO. 03/2011 BY THE CBDT. WE, TH EREFORE, DISMISS THE APPEAL OF THE REVENUE. 5. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE COURT AT THE CLOSE OF THE H EARING ON THURSDAY, THE 29 TH DAY OF OCTOBER, 2015 AT RANCHI. SD/- SD/- (GEORGE MATHAN) (N.S.SAINI) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 29 TH OCTOBER, 2015. VR/- COPY TO: 1. THE ASSESSEE. 2. THE REVENUE. 3. THE CIT 4. THE CIT(A) 5. THE D.R. 6. GUARD FILE. BY ORDER ASSISTANT REGISTRAR I.T.A.T., RANCHI 3 ITA NO. 271/RAN/2014 DATE INITIAL ORIGINAL DICTATION PAD & DRAFT ARE ENCLOSED IN THE FILE 1. DRAFT DICTATED ON 29/10/2015 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 30/10/2015 SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER 30/10/2015 JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER 30/10/2015 JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS 30/10/2015 SR.PS 6. DATE OF PRONOUNCEMENT 29/10/2015 SR.PS 7. FILE SENT TO THE BENCH CLERK 30/10/2015 SR.PS 8. DATE ON WHICH FILE GOES TO THE HEAD CLERK 9. DATE OF DISPATCH OF ORDER