ITO WARD 4(2), Agra V. M/s MAYUR SHEETGARH P LTD, Agra

ITA 393/AGR/2015

• Counselvise Citation: [2016] 121 COUNSELVISE.COM (IT) 2356 (ITAT-AGRA)
• Duration Of Justice: 5 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-01-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2008-2009
• Appeal Filed On: 18-08-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, AGRA BENCH, AGRA BEFORE : SHRI BHAVNESH SAINI, JUDICIAL MEMBE R AND MRS. ANNAPURNA MEHROTRA, ACCOUN TANT MEMBER ITA NO. 393/AGRA/2015 ASSTT. YEAR : 2008-09 INCOME TAX OFFICER, VS. M/S. MAYUR SHEETGRAH (P) LTD., WARD 4(2), AGRA. C-34, KAMLA NAGAR, AGRA. [PAN: AADCM 9042Q] (APPELLANT) (RESPONDENT) APPELLANT BY : SH. WASEEM ARSHAD, SR. D.R. RESPONDENT BY : NONE DATE OF HEARING : 27.01.2016 DATE OF PRONOUNCEMENT : 27.01.2016. ORDER PER BHAVNESH SAINI, JUDICIAL MEMBER: THIS APPEAL BY THE REVENUE HAS BEEN DIRECTED AG AINST THE ORDER OF LEARNED CIT(A)-II, AGRA DATED 26.03.2015 FOR THE AS SESSMENT YEAR 2008-09. 2. IN THIS CASE, THE AO COMPUTED TOTAL INCOME OF AS SESSEE AT RS.37,09,310/- ON MAKING CERTAIN ADDITIONS TO THE RETURNED INCOME. THE LEARNED CIT(A), HOWEVER, ALLOWING THE APPEAL OF THE ASSESSEE PARTLY , DIRECTED THE AO TO TAKE TAXABLE INCOME OF THE ASSESSEE AT RS.22,92,337/- AS AGAINST RS.37,09,310/- AND THUS ALLOWED PART RELIEF TO THE ASSESSEE. 3. ACCORDING TO THE CBDT CIRCULAR NO. 21 OF 2015 DA TED 10.12.2015, THE DEPARTMENTAL APPEAL SHALL NOT BE FILED BEFORE T HE TRIBUNAL IN ITA NO.393/AGRA/2015 2 CASE WHERE THE TAX EFFECT DOES NOT EXCEED MONETARY LIMIT OF RS.10 LACS. THIS CIRCULAR IS APPLICABLE RETROSPECTIVELY T O THE PENDING APPEALS AS WELL. 4. ADMITTEDLY, IN THE DEPARTMENTAL APPEAL, THE TAX EFFECT INVOLVED IS LESS THAN RS.10,00,000/-. THEREFORE, TH E APPEAL OF THE REVENUE IS NOT PRESSED BY THE LEARNED DEPARTMENTAL REPRESENTATIVE AS PER THE AFORESAID CBDT CIRCULAR. 5. IN VIEW OF THE ABOVE, THE DEPARTMENTAL APPEAL IS DISMISSED, BEING NOT MAINTAINABLE HAVING BEEN FILED AGAINST TH E CBDT CIRCULAR AS WELL AS NOT PRESSED BY THE DEPARTMENTAL REPRESEN TATIVE. 6. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 27.01.2016. SD/- SD/- (ANNAPURNA MEHROTRA) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : *AKS/- COPY OF ORDER FORWARDED TO: (1) THE APPELLANT (2) THE RESPONDENT (3) COMMISSIONER (4) CIT(A) (5) DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR