Income Tax Officer , GONDA V. Shri Deep Chandra Agarwal, GONDA

ITA 393/LKW/2012

• Counselvise Citation: 39323714 RSA 2012
• Duration Of Justice: 2 year(s) 6 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-02-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 05-01-2015
• Assessment Year: 2009-2010
• Appeal Filed On: 16-07-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Rejection of books of accounts; Tax effect
• Section: 145

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH A, LUCKNOW BEFORE SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI A.K. GARODIA, ACCOUNTANT MEMBER ITA NO.393/LKW/2012 ASSESSMENT YEAR:2009 - 10 SHRI DEEP CHANDRA AGARWAL, PROP. MANISH TRADING CO., AWAS VIKAS COLONY, CIRCULAR ROAD, GONDA. PAN:ACCPA1142R VS INCOME TAX OFFICER, GONDA. (RESPONDENT) (APPELLANT) SHRI K. K. UPADHYAY, D. R. APPELLANT BY SHRI ASHISH JAISWAL, ADVOCATE RESPONDENT BY 05/01/2015 DATE OF HEARING 12 /02/2015 DATE OF PRONOUNCEMENT O R D E R PER A. K. GARODIA, A.M. THIS IS REVENUES APPEAL DIRECTED AGAINST THE ORDER PASSED BY LEARNED CIT(A) - II, LUCKNOW DATED 14/05/2012 FOR THE ASSESSMENT YEAR 2009 - 2010. 2. IN THIS APPEAL, THE REVENUE HAS RAISED THE FOLLOWING GROUNDS: 1. THAT THE LD. CIT(A) - II, LUCKNOW HAS ERRED ON FACTS AND CIRCUMSTANCES OF THE CASE AS WELL AS ON LAW BY DELETING THE ADDITION OF RS.8,21,320/ - MADE BY THE AO WHO REJECTED THE BOOKS OF ACCOUNTS U/S 145 AND ESTIMATED THE PROFIT AT THE AVERAGE RATE OF EARLIER YEARS. 2. T HAT THE LD. CIT(A) - II, LUCKNOW HAS ERRED ON FACTS AND CIRCUMSTANCES OF CASE AS WELL AS ON LAW BY DELETING THE ADDITION OF RS.1,00,000/ - MADE BY THE AO ON ACCOUNT OF LOW HOUSEHOLD WITHDRAWALS. 3. T HAT THE ORDER DATED 14. 05.2012 PASSED BY THE LD. CIT(A) - II, LUCKNOW IN APPEAL NO. 9/11/ITO/GONDA/ 1 1 - 12 RELATING TO ASSESSMENT YEAR 2009 - 10 BEING ERRONEOUS IN LAW AND ON 2 FACTS DESERVES TO BE CANCELLED AND ORDER OF THE AO DESERVES TO RESTORED. 3. AT THE VERY OUTSET, IT WAS SUBMI TTED BY LEARNED A.R. OF THE ASSESSEE THAT TAX EFFECT IN THIS APPEAL IS BELOW RS.4 LACS AND AS PER THE RECENT INSTRUCTIONS OF CBDT, ANY APPEAL OF THE REVENUE HAVING TAX EFFECT BELOW RS.4 LACS BEFORE THE TRIBUNAL IS NOT MAINTAINABLE. HE FURTHER SUBMITTED THAT IN THE PRESENT CASE, THE TAX EFFECT IF BELOW RS.4 LACS AND THEREFORE, THIS APPEAL OF THE REVENUE IS NOT MAINTAINABLE. 4. LEARNED D.R. OF THE REVENUE COULD NOT SHOW THAT THE TAX EFFECT IN THE PRESENT CASE IS MORE THAN RS.4 LACS OR THAT THE PRESENT CASE IS COVERED BY ANY EXCEPTION OF THE INSTRUCTIONS ISSUED BY CBDT. 5. WE HAVE CONSIDERED THE SUBMISSIONS OF LEARNED A.R. OF THE ASSESSEE. WE FIND THAT IN THE PRESENT CASE, THE REVENUE IS DISPUTING THE DELETION OF ADDITION OF RS.8.21 LACS AND RS.1 LAC AND THEREFORE, THE TAX EFFECT IN THE PRESENT CASE IS CERTAINLY BELOW RS.4 LACS. HENCE, THE APPEAL OF THE REVENUE IS NOT MAINT AINABLE AS PER THE RECENT INSTRUCTION S OF CBDT BECAUSE OF LOW TAX EFFECT. THIS APPEAL OF THE REVENUE IS DISMISSED ON THIS BASIS ALONE THAT THIS APPEAL OF THE REVENUE IS NOT MAINTAINABLE BECAUSE OF LOW TAX EFFECT. 6. IN THE RESULT, THE APPEAL OF THE REVENU E STANDS DISMISSED. (ORDER WAS PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTION PAGE) SD/. SD/. (SUNIL KUMAR YADAV) ( A. K. GARODIA ) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 12 /02/2015. *C.L.SINGH COPY OF THE ORDER FORWARDED TO : 1.THE APPELLANT 2.THE RESPONDENT. 3.CONCERNED CIT 4.THE CIT(A) 5.D.R., I.T.A.T., LUCKNOW ASSTT. REGISTRAR