DCIT, Jaipur V. GIRDHARI LAL BADGOTI, Jaipur

ITA 317/JPR/2014

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 99582 (ITAT-JAIPUR)
• Duration Of Justice: 1 year(s) 7 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-12-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2006-2007
• Appeal Filed On: 29-04-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: VARUN BANSAL C A DHK
• Keywords: Tax effect

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES, JAIPUR JH VH-VKJ-EHUK] YS[KK LNL; ,OA JH YFYR DQEKJ] U;KF; D LNL; DS LE{K BEFORE: SHRI T.R.MEENA, AM & SHRI LALIET KUMAR, JM VK;DJ VIHY LA-@ ITA NOS. 317/JP/2014 FU/KZKJ.K O'K Z@ ASSESSMENT YEARS : 2006-07 . DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE-4, JAIPUR. CUKE VS. SHRI GIRDHARI LAL BARGOTI, PROP. M/S. HIND CONSTRUCTION, 1-C-4, SHIV SHAKTI COLONY, SHASTRI NAGAR, JAIPUR. LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO. ACGPB 5276 K VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT JKTLO DH VKSJ LS@ REVENUE BY : SHRI KAILASH MANGAL (JCIT) FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY S BY : SHRI VARUN BANSAL (C.A.) LQUOKBZ DH RKJH[K@ DATE OF HEARING : 26.10.2015. ?KKS'K .KK DH RKJH[K @ DATE OF PRONOUNCEMENT : 14/12/2015. VKNS'K@ ORDER PER SHRI LALIET KUMAR, J.M. THE PRESENT APPEAL FILED BY THE REVENUE IS ARISING F ROM THE ORDER DATED 10.02.2014 PASSED BY THE LEARNED CIT (A)-II, JAIPUR FOR THE A.Y. 2006-07. THE REVENUE HAS RAISED THE FOLLOWING GROUNDS OF APPEAL : - (1) WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES OF TH E CASE AND IN LAW THE LD. CIT (APPEALS) HAS ERRED IN DELETING THE DISALLOWANCE MADE U/S 40(A)(IA) OF RS. 10,48,750/-. 2 ITA NO. 317/JP/2014 A.Y. 2006-07. DCIT VS. SHRI GIRDHARI LAL BARGOTI, JAIPUR. (2) WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES OF TH E CASE AND IN LAW THE LD. CIT (A) HAS ERRED IN HOLDING THAT NO DISA LLOWANCE U/S 40(A)(IA) CAN BE MADE IF NET PROFIT IS ESTIMATED AF TER REJECTING BOOKS OF ACCOUNTS. (3) WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES OF TH E CASE AND IN LAW THE LD. CIT (A) HAS ERRED IN HOLDING THAT AMENDME NT TO SECTION 40(A)(IA) MADE BY THE FINANCE ACT 2010 WAS RETROSPEC TIVE IN NATURE. 2. AFTER HEARING THE RIVAL SUBMISSIONS OF BOTH THE PARTIES AND CONSIDERING THE SAME ALONG WITH ORDERS OF THE AUTHORITIES BELOW, WE NO TED THAT THE APPEAL FILED BY THE REVENUE RELATE TO DELETION OF DISALLOWANCE OF RS. 1 0,48,750/- IN RESPECT OF PAYMENTS MADE DURING THE YEAR IGNORING THAT SAME WAS PAID BE FORE DUE DATE OF FILING OF RETURN. IT IS OBSERVED THAT THE TAX EFFECT IN THIS CASE IS LES S THAN RS. 10 LACS. 3. THOUGH WE HAVE RESERVED THE ORDER ON THE DATE ME NTIONED HEREIN ABOVE, BUT BEFORE THE ORDER IS DICTATED AND PRONOUNCED, THE CB DT CAME UP WITH THE CIRCULAR BEARING NO. 21/2015 DATED 10.12.2015 AS TO BELOW T AX EFFECT HAVING MONETARY LIMIT OF RS. 10 LACS. IN OUR OPINION, THE APPEAL IS STILL P ENDING AS NO ORDER/JUDGMENT HAS BEEN PRONOUNCED AND SIGNED BY THE BENCH. IN VIEW OF THE JUDGMENT OF HON'BLE SUPREME COURT IN THE MATTER OF S.N. GOEL VS. STATE BANK OF INDIA, A MATTER IS DEEMED TO BE PENDING UNLESS THE ORDER IS SIGNED AND PRONOUNCED B Y THE COURT/TRIBUNAL. 4. AS PER SECTION 268A, NOTIFICATION REFERRED HEREI N ABOVE, IF THE TAX EFFECT IS LESS THAN RS. 10 LACS, THEN THE APPEAL OF THE DEPARTMENT IS LIABLE TO BE DISMISSED BEING NOT MAINTAINABLE/PRESSED. ACCORDINGLY THE APPEAL OF TH E REVENUE /APPELLANT IS DISMISSED ON ACCOUNT OF TAX EFFECT BEING LESS THAN RS. 10 LACS. HOWEVER, THE DISMISSAL OF THE APPEAL 3 ITA NO. 317/JP/2014 A.Y. 2006-07. DCIT VS. SHRI GIRDHARI LAL BARGOTI, JAIPUR. WILL NOT BE TREATED AS PRECEDENT IN ANY PROCEEDINGS NOR IT WILL BE CONSIDERED AS AN EXPRESSION ON THE MERITS OF THE CASE. THE REVENUE I S FREE TO FILE ANY OTHER APPEAL ON THE SAME ISSUE BEFORE THIS TRIBUNAL. 3. IN THE RESULT, APPEAL OF REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 14/12/2015. SD/- SD/- VH-VKJ-EHUK YFYR DQEKJ (T.R. MEENA) (LALIET KUMAR) YS[KK LNL;@ ACCOUNTANT MEMBER U;KF;D LNL;@ JUDICIAL MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 14/12/2015 DAS/ VKNS'K DH IZFRFYFI VXZSFKR@ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT- THE DCIT, CIRCLE-4, JAIPUR. 2. IZR;FKHZ@ THE RESPONDENT- SHRI GIRDHARI LAL BARGOTI, JAIPUR. 3. VK;DJ VK;QDR@ CIT 4. VK;DJ VK;QDRVIHY@ THE CIT(A) 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ@ DR, ITAT, JAIPUR 6. XKMZ QKBZY@ GUARD FILE (ITA NO. 317/JP/2014) VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASST. REGISTRAR 4 ITA NO. 317/JP/2014 A.Y. 2006-07. DCIT VS. SHRI GIRDHARI LAL BARGOTI, JAIPUR.