ITO, BHARATPUR V. SUNIL KUMAR SONI, BHARATPUR

ITA 275/JPR/2011

• Counselvise Citation: [2011] 119 COUNSELVISE.COM (IT) 7202 (ITAT-JAIPUR)
• Duration Of Justice: 4 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-08-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2002-2003
• Appeal Filed On: 30-03-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K C MEENA
• Assessee Lawyers: S K GOGARA; S S GOGARA
• Keywords: Unexplained investment; Tax effect

Judgement Text

1 ITA 275(4)-11 IN THE INCOME TAX APPELLATE TRIBUNAL JAIPUR BENCH B JAIPUR BEFORE SHRI R.K. GUPTA AND SHRI N.L. KALRA ITA NO. 275/JP./2011 ASSTT. YEAR : 2002-03. THE INCOME-TAX OFFICER, VS. SHRI SUNIL KUMAR SONI , WARD-2, S/O SH. KEDAR NATH SONI, BHARATPUR. BADA BAZAR, DEEG. (BHARATPUR) ITA NO. 276/JP/2011 ASSTT. YEAR : 2002-03. THE INCOME-TAX OFFICER, VS. SHRI ANIL KUMAR SONI, WARD-2, S/O SH. KEDAR NATH SONI, BHARATPUR. BADA BAZAR, DEEG. (BHARATPUR) (APPELLANT) (RESPONDENT) C.O. NO. 51/JP/2011 ( ARISING OUT OF ITA NO. 275/JP/2011 ) ASSTT. YEAR : 2002-03. SHRI SUNIL KUMAR SONI, VS. THE INCOME-TAX OFFICER , DEEG. WARD 2, BHARATPUR. C.O. NO. 52/JP/2011 ( ARISING OUT OF ITA NO. 276/JP/2011 ) ASSTT. YEAR : 2002-03. SHRI ANIL KUMAR SONI, VS. THE INCOME-TAX OFFICER, DEEG. WARD 2, BHARATPUR. (CROSS OBJECTOR) (REPONDENT) APPELLANT BY : SHRI K.C. MEENA RESPONDENT BY : SHRI S.S. GOGARA & SH RI S.K. GOGARA ORDER PER BENCH : THESE ARE TWO APPEALS BY REVENUE AND TWO CROSS OBJ ECTIONS BY TWO DIFFERENT ASSESSEES AGAINST THE ORDER OF LD. CIT (A) RELATING TO ASSESSMENT YEAR 2002-03 WHEREIN 2 THE REVENUE IS AGGRIEVED THAT THE LD. CIT (A) HAS I N DELETING THE ADDITION ON ACCOUNT OF UNEXPLAINED INVESTMENT UNDER SECTION 69. 2. AFTER HEARING BOTH THE PARTIES AS WELL AS THE MA TERIALS AVAILABLE ON RECORD, THE BENCH NOTED THAT TAX EFFECT IN THE PRESENT CASE OF THE DEPARTMENTAL APPEAL IS LESS THAN RS. 2.00 LACS, WHICH IS NOT MAINTAINABLE IN VIEW OF THE NEWLY INSERTED PROVISIONS OF SECTION 268A OF THE ACT, CBDT INSTRUCTION AND THE DECISION OF THIS BENCH IN THE CASE OF ITO VS. SMT. GEETA DEVI GOYAL, 120 TTJ 136. THEREFORE, THE SOLITARY GROUND OF THE REVENUE IS DISMISSED. 4. CROSS OBJECTIONS WERE WITHDRAWN BY THE LD. COUNS EL OF THE ASSESSEE AT THE TIME OF HEARING. THEREFORE, THEY ARE DISMISSED AS WITHDRAWN . 5. IN THE RESULT, APPEALS OF THE DEPARTMENT AND CRO SS OBJECTIONS OF THE ASSESSEE ARE DISMISSED. 6. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 12. 8.2011. SD/- SD/- ( N.L. KALRA ) ( R.K. GUPTA ) ACCOUNTANT MEMBER JUDICIAL MEMBER JAIPUR, DATED : 12/08/2011. D/- COPY FORWARDED TO :- THE ITO WARD, BHARATPUR. SHRI SUNIL KUMAR SONI, DEEG. SHRI ANIL KUMAR SONI, DEEG. THE CIT (A) THE CIT THE D/R GUARD FILE (ITA NO. 275(4)/JP/11) BY ORDER, AR ITAT JAIPUR. 3