The Income-tax Officer, Amritsar. V. Sh. Maninder Singh S/o. Sh. Dasondha Singh, Amritsar.

ITA 323/ASR/2011

• Counselvise Citation: 32320914 RSA 2011
• Duration Of Justice: 9 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-03-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 06-03-2012
• Assessment Year: 2003-2004
• Appeal Filed On: 01-06-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH; AMRITSAR. BEFORE SH. H.S. SIDHU, JUDICIAL MEMBER AND SH. B.P.JAIN, ACCOUNTANT MEMBER I.T.A. NO.323(ASR)/2011 ASSESSMENT YEAR:2003-04 PAN;AKRPS2001E INCOME TAX OFFICER, VS. SH. MANINDER SINGH, WARD 3(2), AMRITSAR. AMRITSAR. (APPELLANT) (RESPONDENT) APPELLANT BY: SH. TARSEM LAL, DR RESPONDENT BY: NONE DATE OF HEARING :06.03.2012 DATE OF PRONOUNCEMENT:06.03.2012 ORDER PER BENCH; THIS APPEAL FILED BY THE REVENUE IS AGAINST THE OR DER OF THE CIT(A), AMRITSAR, DATED 23.03.2011 RELATING TO ASSESSMENT Y EAR 2003-04, ON THE FOLLOWING GROUNDS: 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CA SE, THE LD. CIT(APPEALS) ERRED IN LAW IN CONSIDERING THE EXPEND ITURE ON CULTIVATION OF WHEAT FOR DETERMINING THE NET AGRICU LTURE INCOME BY DIVIDING THE TOTAL EXPENDITURE BETWEEN BOGUS SAL E OF WHEAT AND GENUINE SALE OF RICE IN THE LIGHT OF THE FACT T HAT NO EXPENDITURE IS ALLOWABLE AGAINST BOGUS SALE. ITA NO.323/ASR/2011 2 2. THE APPELLANT CRAVES LEAVE TO AMEND OR ADD ANY O R MORE GROUND(S) OF APPEAL. 2. THE FACTS NARRATED BY THE REVENUE ARE NOT DISPUT ED BY BOTH THE PARTIES, THEREFORE, THERE IS NO NEED TO REPEAT THE SAME FOR THE SAKE OF CONVENIENCE. 3. THE ASSESSEE HAS FILED AN APPLICATION DATED 02.0 3.2012 STATING THEREIN THAT THE TAX EFFECT INVOLVED IN THE PRESENT APPEAL IS ONLY ABOUT RS.1.25 LAC (APPROX.). HE FURTHER PLACED RELIANCE ON CBDTS INS TRUCTIONS ISSUED VIDE INSTRUCTION NO.3/2011 [F.NO.279/MISC. 142/2007-ITJ] , DATED 09.02.2011, WHEREBY THE BOARD HAS CLEARLY INSTRUCTED THAT NO AP PEAL SHOULD BE FILED BEFORE THE TRIBUNAL IF TAX EFFECT DOES NOT EXCEED MONETARY LIMIT OF RS.3,00,000/-. IN VIEW OF ABOVE INSTRUCTION OF CBDT , HE PLEADED THAT THE APPEAL FILED BY THE REVENUE MAY BE DISMISSED. 4. THE LD. DR, ON THE OTHER HAND, RELIED ON THE ORD ER PASSED BY THE ASSESSING OFFICER. 5. WE HAVE HEARD THE LEARNED DR AND HAVE CAREFULLY GONE THROUGH THE APPLICATION DATED 02/03/2012 FILED BY THE ASSESSEE. WE ARE OF THE CONSIDERED OPINION THAT THE TAX EFFECT, IN DISPUTE, IN THE PRE SENT APPEAL, IS LESS THAN RS.3,00,000/-. THEREFORE, KEEPING IN VIEW THE CBDT S INSTRUCTION NO. NO.3/2011 [F.NO.279/MISC. 142/2007-ITJ], DATED 09.0 2.2011, THE PRESENT ITA NO.323/ASR/2011 3 APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE. HE NCE, WE DISMISS THE APPEAL OF THE REVENUE. 6. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED ORDER PRONOUNCED IN THE OPEN COURT ON 6TH MARCH, 2012. SD/- SD/- (B.P. JAIN) (H.S. SIDHU) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 6TH MARCH , 2012 /SKR/ COPY OF THE ORDER IS FORWARDED TO : 1. THE ASSESSEE: SH. MANINDER SINGH, AMRITSAR. 2. THE ITO WARD 3(2), AMRITSAR. 3. THE CIT(A), ASR. 4. THE CIT, ASR. 5. THE SR DR, ITAT, ASR. TRUE COPY BY ORDER (ASSISTANT REGISTRAR) INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH : AMRITSAR.