ITO, RAJSAMAND V. Shri Ashok Kumar Jain, RAJSAMAND

ITA 304/JODH/2010

• Counselvise Citation: 30423314 RSA 2010
• Duration Of Justice: 1 year(s) 7 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-12-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 12-12-2011
• Assessment Year: 2007-2008
• Appeal Filed On: 04-05-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: G R KOKANI
• Keywords: Tax effect

Judgement Text

1 ITA 304-10 IN THE INCOME TAX APPELLATE TRIBUNAL JODHPUR BENCH JODHPUR. ( BEFORE SHRI R.K. GUPTA AND SHRI N.L. KALRA ) ITA NO. 304/JODH/2010 ASSTT. YEAR : 2007-08. THE INCOME-TAX OFFICER, VS. SHRI ASHOK KUMAR JAIN , PROP. WARD-1, M/S. NEELAM MARBLE DAYALSHAH RAJSAMAND. KILA ROAD, RAJSAMAND. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI G.R. KOKANI RESPONDENT BY : SHRI AMIT KOTHARI DATE OF HEARING : 12.12.2011. DATE OF PRONOUNCEMENT : 15.12.2011. ORDER DATED : 15/12/2011. PER R.K. GUPTA, J.M. THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF THE LD. CIT(A) RELATING TO ASSESSMENT YEAR 2006-07 WHEREIN THE REVENUE IS AGGRIEVED IN DELETING THE ADDITION MADE OF RS. 6,43,085/- ON ACCOUNT OF UNEXPLAINED IN VESTMENT IN STOCK. 2. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE M ATERIALS AVAILABLE ON RECORD. THE BENCH NOTED THAT TAX EFFECT IN THE PRESENT CASE OF THE DEPARTMENTAL APPEAL IS LESS THAN RS.2.00 LACS AND HENCE APPEAL FILED BY REVENUE IS N OT MAINTAINABLE IN VIEW OF PROVISIONS OF SECTION 268A OF THE ACT AND THE DECISION OF THIS BENCH IN THE CASE OF I.T.O. VS. SMT. GEETA DEVI GOYAL, 120 TTJ 136. 2 3. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED AS NOT MAINTAINABLE. 4. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 15. 12.2011. SD/- SD/- ( N.L. KALRA ) ( R.K. GUPTA ) ACCOUNTANT MEMBER JUDICIAL MEMBER JODHPUR, COPY FORWARDED TO :- THE ITO WARD-1, RAJSAMAND. SHRI ASHOK KUMAR JAIN, RAJSAMAND. THE CIT (A) THE CIT THE D/R GUARD FILE (ITA NO. 304/JODH/2010) BY ORDER, AR ITAT JODHPUR.