ACIT, JODHPUR V. Shri Parma Ram Bhakar, JODHPUR

ITA 328/JODH/2010

• Counselvise Citation: 32823314 RSA 2010
• Duration Of Justice: 1 year(s) 7 month(s) 3 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: 13-12-2011
• Assessment Year: 2003-2004
• Appeal Filed On: 12-05-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: G R KOKANI
• Keywords: Tax effect

Judgement Text

1 ITA 328-10 IN THE INCOME TAX APPELLATE TRIBUNAL JODHPUR BENCH JODHPUR. ( BEFORE SHRI R.K. GUPTA AND SHRI N.L. KALRA ) ITA NO. 328/JODH/2010 ASSTT. YEAR : 2003-04. THE ACIT, CENTRAL CIRCLE-1, VS. SHRI PARMA RAM BH AKAR, JODHPUR. 3-CHH, VISTAR YOJNA, BHAGAT KI KOTHI,PALI ROAD, JODHPUR. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI G.R. KOKANI RESPONDENT BY : NONE 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 2003-04 WHEREIN THE REVENUE IS AGGRIEVED IN DELETING THE ADDITION MADE OF RS. 2,54,000/- ON ACCOUNT OF SALE OF PLANT AND MACHINERY, DELETING THE ADDITION OF RS. 2,50,000/- FOR INTRODUCTION OF CASH IN THE BALA NCE SHEET BY SHOWING SALE OF HOUSE AND ALSO ALLOWING RELIEF ON THE GROUND THAT SUBSTANTIVE ADDITION HAS BEEN UPHELD BY CIT (A) IN THE APPEAL FOR A.Y. 2001-02. 2. WE HAVE HEARD THE LD. D/R AND PERUSED THE MATERI ALS AVAILABLE ON RECORD. THE BENCH NOTED THAT TAX EFFECT IN THE PRESENT CASE OF THE DEPARTMENTAL APPEAL IS LESS THAN 2 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. 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 ACIT, CENTRAL CIRCLE-1, JODHPUR. SHRI PARMA RAM BHAKAR, JODHPUR. THE CIT (A) THE CIT THE D/R GUARD FILE (ITA NO. 328/JODH/2010) BY ORDER, AR ITAT JODHPUR.