ITO, Jaipur V. BANSAL SHOES PVT. LTD., Jaipur

ITA 316/JPR/2014

• Counselvise Citation: [2015] 121 COUNSELVISE.COM (IT) 1939 (ITAT-JAIPUR)
• Duration Of Justice: 1 year(s) 5 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-10-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2002-2003
• Appeal Filed On: 29-04-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJ MEHRA
• Assessee Lawyers: P C PARWAL CA DHK
• Keywords: Tax effect
• Section: 115JB; 154

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES (SMC), JAIPUR JH VKJ-IH-RKSYKUH] U;KF;D LNL; DS LE{K BEFORE: SHRI R.P. TOLANI, JUDICIAL MEMBER VK;DJ VIHY LA-@ ITA NO. 316/JP/2014 FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 2002-03 THE ITO WARD- 4 (2) ALWAR CUKE VS. M/S. BANSAL SHOES (P) LTD. E-223, ROAD NO. 10 VKI AREA, JAIPUR LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO .: AABCB 5427 A VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT JKTLO DH VKSJ LS@ REVENUE BY :SHRI RAJ MEHRA, JCIT -DR FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY : SHRI P.C. PARWAL , CA LQUOKBZ DH RKJH[K@ DATE OF HEARING : 24/09/2015 ?KKS'K .KK DH RKJH[K@ DATE OF PRONOUNCEMENT : 06/10/2015 VKNS'K@ ORDER PER R.P. TOLANI, JM THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF THE LD. CIT(A)-II, JAIPUR DATED 11-02-2014 FOR THE ASSESS MENT YEAR 2002-03 WHEREIN THE REVENUE HAS RAISED FOLLOWING GROUNDS. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE ASSESSEE AND IN LAW THE LD. CIT(A) HAS ERRED IN:- (I) WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW THE LD. CIT(A) HAS ERRED IN HOLDING THAT ADJUSTMENTS WHICH ARE NOT PERMISSIBLE U/S 143( 1) CANNOT BE MADE U/S 154 OF THE I.T. ACT EVEN THOUGH IT IS M ISTAKE APPARENT FROM RECORD. (II) WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW THE LD. CIT(A) HAS ERRED IN ALLOWING CREDIT OF TAX PAID AS PER ORDER U/S 245D FOR THE AS SESSMENT ITA NO.316/JP/2014 ITO, WARD- 4 (2), JAIPUR VS. M/S. BANSAL SHOES (P) LTD., JAIPUR . 2 YEAR 1998-99, 1999- 2000, 2000-01 AGAINST TAX DUE U/ S 115JB FOR THE ASSESSMENT YEAR 2002-03. 2.0 I HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE MATERIALS AVAILABLE ON RECORD. DURING THE COURSE OF HEARING, IT IS SEEN THAT THE TAX EFFECT IN THIS APPEAL OF THE DEPARTMENT IS RS. 77, 000/-. WHEN THE TAX EFFECT IN THE APPEAL OF THE DEPARTMENT IS LESS THAN RS. 3 LACS THEN THE SAME IS NOT MAINTAINABLE IN VIEW OF BOARD INSTRUCTION NO . 3/2011/F.NO.279/MISC./142/ 2007/ITJ DT. 09.02.2011. AS PER SECTION 268A IF TAX EFFECT IS LESS THAN RS.3 LACS THEN APPE AL OF DEPARTMENT IS NOT MAINTAINABLE. ACCORDINGLY THE APPEAL OF THE DEPARTM ENT IS DISMISSED IN LIMINE. 3.0 IN THE RESULT, APPEAL OF THE DEPARTMENT IS DISM ISSED ORDER PRONOUNCED IN THE OPEN COURT ON 06 /10 /2015 SD/- VKJ-IH-RKSYKUH (R.P.TOLANI) U;KF;D LNL;@ JUDICIAL MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 06 /10/ 2015 *MISHRA VKNS'K DH IZFRFYFI VXZSF'KR@ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT- THE ITO, WARD- 4 (2), JAIPUR 2. IZR;FKHZ@ THE RESPONDENT- M/S. BANSAL SHOES (P) LTD., JAIPUR 3. VK;DJ VK;QDRVIHY@ CIT(A). 4. VK;DJ VK;QDR@ CIT, 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ@ DR, ITAT, JAIPUR 6. XKMZ QKBZY@ GUARD FILE (ITA NO.316/JP/2014) VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASSISTANT. REGISTRAR