ACIT, Jamshepur V. Ashok Industries, Jamshepur

ITA 36/RAN/2013

• Counselvise Citation: [2013] 140 COUNSELVISE.COM (IT) 67352 (ITAT-RANCHI)
• Duration Of Justice: 1 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-04-2013
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: misc
• Appeal Filed On: 26-03-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SANJAY I BARA
• Assessee Lawyers: R R MITTAL
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, RANCHI CIRCUI T BENCH, RANCHI (BEFORE SHRI P.K.BANSAL, HONBLE A.M.& SHR I D,T. GARASIA, HONBLE J.M.) I.T.A. NO. 36/RAN/2013 : ASSESSMENT YEAR 2008 -09 ACIT, CIRCLE-1, JAMSHEDPUR -VS- ASHOK INDUSTRIES, JAMSHEDPUR (APPELLANT) PAN: AAGFA 8866 Q (RESPONDENT) C.O.NO.10/RAN/2013 : ASSESSMENT YEAR 2008-09 (ARISING OUT OF I.T.A. NO. 36/RAN/2013) ASHOK INDUSTRIES, JAMSHEDPUR -VS- AC IT, CIRCLE-1, JAMSHEDPUR (CROSS OBJECTOR) (RESPONDENT) DEPARTMENT BY : SHRI SANJAY I. BARA, D.R. ASSESSEE BY : SHRI R.R. MITTAL, C.A. DATE OF CONCLUDING THE HEARING : 29.04.2013 DATE OF PRONOUNCING THE ORDER : 29.04.2013 O R D E R PER BENCH : THIS APPEAL BY THE REVENUE AND THE CROSS OBJECTION FILED BY THE ASSESSEE ARE DIRECTED AGAINST THE ORDER PASSED BY T HE COMMISSIONER OF INCOME-TAX (APPEALS), JAMSHEDPUR DATED 11/01/2013 F OR ASSESSMENT YEAR 2008-09. 2. AT THE OUTSET, IT MAY BE MENTIONED THAT THE ASS ESSMENT HAS BEEN COMPLETED UNDER SECTION 143(3) DETERMINING THE INCOME ULTIMATELY AT RS.22,33,450/-. THE LD. A.R. OF THE ASSESSEE SUB MITTED THAT THE ASSESSEE PREFERRED APPEAL TO CIT(A) AND RELIEF OF R S.9,44,576/- WAS GIVEN TO THE ASSESSEE. HENCE, TAX EFFECT ON THE REM AINING INCOME OF RS.12,60,280/- COMES TO RS.2,91,874/-. THEREFORE, T HE LEARNED AR FOR THE ASSESSEE POINTED OUT THAT THE REVENUE SHOULD NO T HAVE FILED THE APPEAL AS THE TAX EFFECT IN THIS CASE IS LESS THAN RS. 3 LAKHS. THE ASSESSEES CONTENTION IS THAT THE LIMIT HAS BEEN IN CREASED BY THE CIRCULAR OF THE BOARD VIDE INSTRUCTION NO.3/2011 UNDER F. NO .279/MISC.142/2007- ITJ DATED 9TH FEBRUARY, 2011 AND, THEREFORE, THE AP PEAL IS NOT MAINTAINABLE. 3. THE LEARNED DR SUPPORTED THE ORDER OF REVENUE. 4. AFTER HEARING BOTH THE PARTIES AND PERUSING REC ORD, WE FIND THAT THE TAX EFFECT INVOLVED IN THE PRESENT APPEAL FILED BY THE REVENUE IS LESS THAN RS.3 LAKHS, AND THEREFORE, THE APPEAL IS NOT MAINTAINABLE. THE REVENUE FILED THE APPEAL ON 26-03-2013 AND AS PER T HE CBDTS LATEST CIRCULAR INSTRUCTION NO.3/2011 UNDER F. NO.279/MISC .142/2007-ITJ DATED 9TH FEBRUARY, 2011, THE APPEAL SHOULD NOT BE ENTERTAINED. IN VIEW OF THE INSTRUCTION OF THE CBDT SINCE THE TAX EFFECT IS LESS THAN RS.3 LAKHS, WE DISMISS THE APPEAL OF THE REVENUE. 5. AS THE APPEAL FILED BY THE REVENUE HAS BEEN DIS MISSED, THE CROSS OBJECTION FILED BY THE ASSESSEE BECOMES INFRU CTUOUS AND HENCE DISMISSED AS BEING INFRUCTUOUS. 6. IN THE RESULT, THE APPEAL OF THE REVENUE IS DIS MISSED AS NOT MAINTAINABLE WHEREAS THE CROSS OBJECTION FILED BY T HE ASSESSEE IS ALSO DISMISSED AS BEING INFRUCTUOUS. ORDER PRONOUNCED IN THE COURT ON 29 TH APRIL, 2013. SD/- SD/- [D.T.GARASIA] [P.K.BANSAL] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 29 TH APRIL, 2013 COPY OF ORDER FORWARDED TO : 1. ASHOK INDUSTRIES, JAMSHEDPUR 2. ACIT, CIRCLE-1, JAMSHEDPUR 3. C.I.T.(A), 4. THE C.I.T., 5. THE D.R., I.T.A.T., TRUE COPY, BY ORDER, [MST, SR.PS] SR. PRIVATE SECRETARY (ON T OUR) ITAT, RANCHI