M/s. Dynatron Services Pvt. Ltd., Mumbai V. ACIT, New Delhi

ITA 355/DEL/2013

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 6331 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 2 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-03-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 03-09-2014
• Assessment Year: 2004-2005
• Appeal Filed On: 21-01-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: P DAM KANUNJNA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: E NEW DELHI BEFORE SMT DIVA SINGH, JUDICIAL MEMBER AND SH.O.P.KANT, ACCOUNTANT MEMBER I.T.A .NO.-335/DEL /2013 (ASSESSMENT YEAR-2009- 10) ACIT, CIRCLE REWARI, AAYAKAR BHAWAN, MODEL TOWN, REWARI (APPELLANT) VS MUNDI PRIMARY AGRI. CO - OP. SOCIETY LTD., VPO MUNDI, DISTT.REWARI, HARYANA. PAN-AABAM2255P (RESPONDENT) APPELLANT BY SH. P.DAM.KANUNJNA, SR. DR RESPONDENT BY NONE ORDER PER DIVA SINGH, JM THE PRESENT APPEAL HAS BEEN FILED BY THE REVENUE AS SAILING THE CORRECTNESS OF THE ORDER DATED 05.11.2012 OF CIT(A), ROHTAK PER TAINING TO 2009-10 ASSESSMENT YEAR ON THE FOLLOWING GROUNDS: 1. THAT THE LD.AO HAS ERRED BOTH ON FACTS AND LAW IN REJECTING THE CLAIM OF DEDUCTION ALLOWABLE U/S 80P(2)(A)(I) & 80P(2)(A)(IV ) BEING A PRIMARY AGRICULTURAL COOPERATIVE SOCIETY. 2. SINCE, THERE IS NO CONCEALMENT OF INCOME AT ALL AS PER GROUND NO.1, THERE CANT PENALTY ALSO U/S 271(1)(C) & THE PENALTY PROC EEDINGS NEEDS TO BE DELETED. 3. THE LD. ASSESSING OFFICER HAS MADE THE ADDITIONS ON MERE SUSPICION AND HE HAS FAILED TO APPRECIATE THE FACTS AND EXPLA NATION ON RECORDS KEPT BY THE APPELLANT & MADE ALL ADDITION ON HIS AS SUMPTION BASIS ONLY. 4. THE APPELLANT CRAVES LEAVE TO ALTER, AMEND, ADD OR DELETE ALL OR ANY GROUNDS OF THIS APPEAL. 2. NO ONE WAS PRESENT AT THE TIME OF HEARING ON BEH ALF OF THE ASSESSEE. CONSIDERING THE AMOUNT AT STAKE FOR THE REVENUE, TH E LD. SR. DR WAS REQUIRED TO ADDRESS CIRCULAR NO.21/2015 DATED 10TH DECEMBER, 20 15 OF CBDT. CONSIDERING THE SAME IN THE FACTS ON RECORD, THE LD. SR. DR FAI RLY CONCEDED THAT THE DATE OF HEARING 23.02.2016 DATE OF PRONOUNCEMENT 28.03.2016 I.T.A .NO.-335/DEL/2013 PAGE 2 OF 2 DEPARTMENTAL APPEAL HAS BEEN FILED WHEREIN THE TAX EFFECT INVOLVED IS MUCH LESS THAN RS.10 LAKH. 3. WE HAVE HEARD THE SUBMISSIONS OF THE LD. SR. DR ON THIS ISSUE AND PERUSED THE MATERIAL ON RECORD. WE FIND THAT THE CBDT VIDE THE AFORESAID CIRCULAR DATED 10.12.2015 HAS REVISED THE MONETARY LIMIT TO RS.10 LAKH FOR FILING THE APPEAL BY THE DEPARTMENT BEFORE INCOME TAX APPELLATE TRIBUNAL . PARA 3 OF THE AFORESAID CIRCULAR HAS BEEN MADE APPLICABLE VIDE PARA 10 RETR OSPECTIVELY. CONSIDERING THE SETTLED LEGAL PRECEDENT THAT THE BOARDS INSTRUCTIO NS OR DIRECTIONS ISSUED TO THE INCOME TAX AUTHORITIES U/S 268A OF THE INCOME TAX A CT, 1961 ARE BINDING ON THE AUTHORITIES, WE DISMISS THE DEPARTMENTAL APPEAL CON SIDERING THE MATERIAL AVAILABLE ON RECORD. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 28 TH MARCH, 2016. SD/- SD/- (O.P.KANT) (DIVA SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 28/03/2016 *AMIT KUMAR* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSI STANT REGISTRAR ITAT NEW DELHI