I.T.O.1(3), RAIPUR (CG) V. SHRI DINESH SARAOGI, RAIPUR

ITA 398/BIL/2014

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 1341 (ITAT-RAIPUR)
• Duration Of Justice: 1 year(s) 5 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-06-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2009-2010
• Appeal Filed On: 29-12-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S K MEENA
• Assessee Lawyers: R B DOSHI
• Keywords: Tax effect

Judgement Text

ITA NO . 3 98 / RPR /201 4 ASSESSMEN T Y EAR: 2 009 - 10 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL, RAIPUR BENCH, SMC , RAIPUR [CORAM : PRAMOD KUMAR AM ] ITA NO . 3 98 / RPR /201 4 AS SESSMENT Y EAR : 20 09 - 10 INCOME TAX OFFICER .APPELLANT WARD 1(3), RAIPUR [C.G] VS. DINESH SARAOGI, ... . RESP ONDENT 15/212, SARAOGI HOUSE, JAWAHAR NAGAR, RAIPUR. [ PAN : A OSPS 3092 J] APPEARANCES BY: S.K. MEENA , FOR THE APPELLANT R.B. DOSHI , FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING: JUNE 22 ND , 2016 DATE OF PRONOUNCING THE ORDER : JUNE 23 RD , 2016 O R D E R 1. BY WAY OF THIS APPEAL, THE ASSESSING OFFICER HAS CHALLENGED CORRECTNESS OF THE ORDER DATED 27.10.2014, PASSED BY THE L EARNED CIT(A), FOR THE ASSESSMENT YEAR 20 09 - 10, ON THE FOLLOWING GROUND : - 1. WHETHER IN LAW AND ON FACTS AND CI RCUMSTANCES OF THE CASE, T HE LD. CIT(A) HAS ERRED IN CANCELLING PENALTY OF RS.9,05,120/ - IMPOSED UNDER SECTION 271(1)(C) 2. THE ORDER OF THE LD. CIT(A) IS ERRONEOUS BOTH IN LAW AND ON FACTS. 2. I HAVE NOTICED THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.10,00,000/ - . IN VIEW OF THIS UNDISPUTED FACT AND IN THE LIGHT OF CBDT CIRCULAR NO.21/2015 DATED 10 TH DECEMBER, 2015, I AM OF THE CONSIDERED VIEW THAT THIS APPEAL ITA NO . 3 98 / RPR /201 4 ASSESSMEN T Y EAR: 2 009 - 10 PAGE 2 OF 2 IS LIABLE TO BE DISMISSED AS WITHDRAWN FOR THE SIMPLE REASON THAT TAX EFFECT INVOLVED IN THE APPEAL IS LESS THAN RS.10,00,000/ - . 3. IN THE RESULT, THE APPEAL IS DISMISSED. PRONOUNCED IN THE OPEN COURT ON THIS 23 RD DAY OF JUNE , 2016. SD/ - PRAMOD KUMAR (ACCOUNTANT MEMBER) DA TED: THE 23 RD DAY OF JUNE, 2016. PBN/* COPIES TO: (1) THE APPELLANT (2) THE RESPONDENT (3) CIT (4) CIT(A) (5) DR (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL RAIPUR BENCH, RAIPUR