D.C.i.T., Circle-2, Gwalior V. M/s B.R. Oil Industries, Morena

ITA 326/AGR/2014

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 1968 (ITAT-AGRA)
• Duration Of Justice: 1 year(s) 8 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-07-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2010-2011
• Appeal Filed On: 30-10-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: BELU SINHA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AGRA SMC BENCH , AGRA BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER ITA NO. 326 / AGRA /201 4 AY: 201 0 - 11 THE DY.C.I.T. CIRCLE 2 VS. M/S B.R. OIL INDUSTRIES GWALIOR 18, RAM JANKI MANDIR JIWAJI GANJ, MORENA AND CROSS OBJECTION NO. 01/AGRA/2015 (IN ITA NO. 326 / AGRA /201 4) AY: 2010 - 11 M/S B.R.OIL INDUSTRIES VS. DY.CIT, CIRCLE 2 MORENA GWALIOR (APPELLANT) (RESPONDENT) DEPT. BY : SMT. BELU SINHA, SR. D.R. ASSESSEE BY : SH. RAJENDRA SHARMA , ADV. & SH. SANDEEP JAIN, C.A. ORDER TH IS IS AN APPEAL FILED BY THE REVENUE . THE CROSS OBJECTION IS FILED BY THE ASSESSEE. ADMITTEDLY THE TAX EFFECT IN THE PRESENT APPEAL IS LESS THAN RS.10 LAKHS. 1.1. IN TERMS OF CBDT CIRCULAR NO.21/2015 DATED 10 TH DECEMBER,2015, F. NO. 279/MISC./142/2007 - ITJ(PT.) READ WITH S.268 A OF THE INCOME TAX ACT 1961, THIS APPEAL BY THE REVENUE SHOULD HAVE BEEN WITHDRAWN OR SHOULD NOT HAVE BEEN PRES SED BY THE REVENUE. 2 2. IN VIEW OF THE ABOVE THE APPEAL BY THE REVENUE IS DISMISSED IN LIMINE. 3 . AS I HAVE DISMISSED REVENUE S APPEAL, ASSESSEE S CROSS OBJECTION IS NOT MAINTAINABLE AND IS DISMISSED . ORDER PRONOUNCED IN THE OPEN COURT ON 0 6 TH JULY, 2016 . SD/ - (J. SUDHAKAR REDDY) ACCOUNTANT MEMBER DATED: THE 0 6 TH JULY, 2016 M ANGA COPY FORWARDED TO: - 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(A) 5 . DR, ITAT - TRUE COPY - BY ORDER, ASSISTANT REGISTRAR ITAT, AGRA BENCHES, AGRA 3