ITO, Ward-2(1), Bikaner V. M/s. R.K. Construction & Earth Movers, Bikaner.

ITA 274/JODH/2018

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 6301 (ITAT-JODHPUR)
• Duration Of Justice: 1 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-07-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 04-06-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A K DAS
• Keywords: Tax effect
• Section: 201(1)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL JODHPUR BENCH (SMC), JODHPUR BEFORE SHRI R.C. SHARMA, ACCOUNTANT MEMBER ITA NO. 274/JODH/2018 (ASSESSMENT YEAR-2011-12 INCOME TAX OFFICER, WARD-2(1), BIKANER. VS M/S. R.K. CONSTRUCTION & EARTH MOVERS, NEAR PURANI CHUNGI, BHINASAR, BIKANER. (APPELLANT) (RESPONDENT) PAN: AAJFR1586R REVENUE BY SH. A. K. DAS (JCIT) (DR) ASSESSEE BY SH. RAJENDRA JAIN, ADV. DATE OF HEARING 19/07/2018 DATE OF PRONOUNCEMENT 19/07/2018 O R D E R PER: R.C. SHARMA, AM THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF THE CIT(A), BIKANER DATED 22/03/2018 FOR THE A.Y. 2011- 12 IN THE MATTER OF ORDER U/S 143(3)/147 OF THE INCOME-TAX ACT, 1961 [HEREINAFTER REFERRED TO AS THE ACT, FOR SHORT]. THE GROUNDS R AISED BY THE REVENUE IN APPEAL ARE REPRODUCED AS UNDER: 1. WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES O F THE CASE, THE LD. CIT(A) HAS ERRED IN DELETING ADDITION OF RS. 13,80, 836/- BY HOLDING THAT THE AO WAS NOT JUSTIFIED IN MAKING DISALLOWANC E US/ 40(A)(AI) AS THE APPELLANT HAS SUBMITTED CERTIFIED U/S 201(1) OF THE IT ACT AND AS TO WHETHER IN SUCH CIRCUMSTANCES THE SECOND PROVISO INSERTED TO SECTION 40(A)(AI) IS PROSPECTIVE/RETROSPECTIVE. 2. I HAVE GONE THROUGH THE ORDERS OF AUTHORITIES BELOW AND FOUND THAT TAX EFFECT IN RESPECT OF ADDITIONS DELETED BY CIT(A) IS BELOW RS. 20 LACS, ACCORDINGLY IN TERM OF CBDT CIRCULAR NO. 3/2018 DATED 11.07.201 8 THIS APPEAL DESERVES TO BE DISMISSED ON THE GROUND OF LOW TAX EFFECT. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMIS SED. ORDER PRONOUNCED IN THE OPEN COURT ON 19/07/2018 . SD/- [R.C. SHARMA] ACCOUNTANT MEMBER DATED : 19 /07/2018 A/N COPY TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR 6. GUARD FILE (ITA NO. 274/JODH/2018) ASSISTANT REGISTRAR JODHPUR BENCH