The Dy. Commr. of Income Tax, Circle-3 (1), RAJKOT-GUJARAT V. Shri Dharti Co. Op. Bank Ltd., RAJKOT-GUJARAT

ITA 333/RJT/2015

• Counselvise Citation: [2015] 134 COUNSELVISE.COM (IT) 0504 (ITAT-RAJKOT)
• Duration Of Justice: 3 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-10-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2007-2008
• Appeal Filed On: 30-06-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

ITA N O .333 /RJT/201 5 ASSESSMENT YEAR: 200 7 - 08 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH, RAJKOT [CORAM: PRAMOD KUMAR AM AND RAJPAL YADAV JM] ITA NO. 333 /RJT/201 5 ASSESSMENT YEAR: 200 7 - 08 DEPUTY COMMISSIONER OF INCOME TAX, ....... .. . ..... APPELLANT CIRCLE - 3(1), RAJKOT. VS. SHREE DHA RTI COOP. BANK LIMI T ED ....... ..................RESPONDENT KUBER, OPP. KANTA STREE VIKAS GRUSH, RAJKOT . [PAN A AAJD 0056 D ] APPEARANCES BY: VIMAL MEHTA F OR THE A PPELLANT BHAVESH P. SORATHIYA FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : O CTOBER 6 TH , 201 5 DATE OF PRONOUNCING THE ORDER : OCTOBER 7 TH , 2015 O R D E R PER PRAMOD KUMAR AM: THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF LD. CIT(A), RAJKOT DATED 22.04.2015 FOR THE A.Y. 2007 - 08. 2. AFTER HEARING THE LD. REPRESENTA TIVES, WE NOTICE THAT SINCE THE TAX EFFECT IN THIS APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF THE CIT(A) IS LESS THAN RS.3,00,000/ - , THE SAME IS IN CONTRAVENTION OF C.B.D.T. CIRCULAR/INSTRUCTION NO.3/2011 DATED 09.02.2011 WHICH FINDS STATUTORY FORCE UNDER THE PROVISIONS OF SECTION 268A OF THE INCOME - TAX ACT, 1961. THE SAME IS, THEREFORE, NOT MAINTAINABLE. THE CLAUSE NO.3 OF THE ITA N O .333 /RJT/201 5 ASSESSMENT YEAR: 200 7 - 08 PAGE 2 OF 2 SAID C.B.D.T. INSTRUCTION HAS MADE IT CLEAR THAT APPEAL BEFORE THE TRIBUNAL BY THE REVENUE WILL HENCEFORTH BE FILED WHERE T AX EFFECT EXCEEDS RS.3,00,000/ - . THEREFORE, IN THE CIRCUMSTANCES AND FACTS OF THE CASE, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE AND THE SAME IS DISMISSED AS NOT MAINTAINABLE. 3. IN THE RESULT, APPEAL FILED BY THE REVENUE IS DISMISSED. P RONOUN CED IN THE OPEN COURT ON THIS 7 TH DAY OF OCTOBER, 2015. SD/ - SD/ - RAJPAL YADAV PRAMOD KUMAR (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) RAJKOT , THE 7 TH DAY OF OCTOBER , 2015 PBN/* CO PIES TO: (1) THE APPELLANT (2) THE RESPONDENT (3) COMMISSIONER (4) CIT(A) (5) DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH, RAJKOT