The ITO, Jr. Ward-2(3), PORBANDAR V. M/s. Akashdeep Construction Co., PORBANDAR

ITA 427/RJT/2012

• Counselvise Citation: [2012] 120 COUNSELVISE.COM (IT) 0138 (ITAT-RAJKOT)
• Duration Of Justice: 3 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-10-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 15-10-2012
• Assessment Year: 2006-2007
• Appeal Filed On: 05-07-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AVINASH KUMAR
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBULAL; RAJKOT BENCH, RAJKOT. . .. . . .. . , , , , . .. . . .. . , , , , $ $ $ $ BEFORE SHRI T. K. SHARMA, JM AND SHRI D. K. SRIVASTAV A, AM ITA NO.427/RJT/2012 / ASSESSMENT YEAR 2004-05 INCOME TAX OFFICER, JR, WARD 2(3), PORBANDAR ( * / APPELLANT) VS. M/S AKASHDEEP CONSTRUCTION CO., BUNDER ROAD, PORBANDAR. PAN: AADFA5102C +,* / RESPONDENT - / REVENUE BY SHRI AVINASH KUMAR /- / ASSESSEE BY NONE - /DATE OF HEARING 15.10.2012 - / DATE OF PRONOUNCEMENT 19.10.2012 / / / / ORDER . .. . . . . . , , , , / T. K. SHARMA, J. M. THIS APPEAL BY THE REVENUE IS AGAINST THE ORDER DATED 26.4.2012 OF CIT (A), PORBANDAR FOR THE ASSESSMENT YEAR 2004-05. 2. THE NOTICE OF HEARING WAS SENT TO THE ASSESSEE BY RPAD ON 19.9.1012. NEITHER NOTICE SENT TO THE ASSESSEE RECEIVED BA CK IN THE OFFICE OF THE TRIBUNAL NOR ANYBODY APPEARED ON BEHALF OF T HE ASSESSEE AT THE TIME OF HEARING, THEREFORE, WE PROCEED TO DECIDE THE APPEAL EX-PARTE QUA THE ASSESSEE ON THE BASIS OF MATERIAL AVAILABLE BEFORE US AND AFTER HEARING SHRI AVINASHKUMAR, THE LD.DR ON BEHALF OF THE REVENUE. 3. ON PERUSAL OF THE ASSESSMENT ORDER, WE FIND THAT THE ASSESSEE FILED RETURN OF INCOME ON 5.11.2004 DECLARING TOTAL INCOME O F RS.52,305/-. THE AO FRAMED THE ASSESSMENT U/S 143(3) ON 30.3.2006 AT A TOTAL INCOME OF RS.60,305/-. SUBSEQUENTLY, THE AO RE-ASSESSED THE INCOM E U/S 143(3) R.W.S 147 OF THE INCOME TAX ACT, 1961 AT A TOTAL INCOME OF RS.7,33,165/-. ITA NO.427/RJT/2012 2 IN THE ASSESSMENT ORDER HE DISALLOWED EXPENDITURE U/S 40 A(3) AT RS.6,72,860/-. ON APPEAL, THE LD. CIT(A) VIDE IMPUGN ED ORDER DELETED THE ADDITION OF RS.6,66,800/- AND CONFIRMED THE BALANCE AD DITION OF RS.6,060/-. HENCE, THE TAX EFFECT IN THIS CASE IS LESS THA N RS.3,00,000/-. THEREFORE IT IS NOT MAINTAINABLE AS PER THE INSTRUCTION S NO.3/2011 DATED 09-02-2011 ISSUED BY THE CBDT. 4. IT IS NOT DISPUTED BY THE DEPARTMENT THAT THE TAX EFFECT IS INVOLVED IN THE PRESENT APPEAL IS BELOW RS.3 LAKHS. IN THIS VIEW OF THE MATTER, THE APPEAL FILED BY THE DEPARTMENT IS HELD TO BE NOT MAI NTAINABLE IN VIEW OF THE JUDGMENT OF THE HONBLE JURISDICTIONAL HIGH COURT IN CIT V. SURESHCHANDRA DURGAPRASAD KHATOD (HUF), CITED SUPRA.. APPEAL FILED BY THE DEPARTMENT IS DISMISSED. THIS ORDER IS PRONOUNCED IN THE OPEN COURT ON THE DAT E MENTIONED ABOVE. SD SD ( .. / D. K. SRIVASTAVA) ( .. / T. K. SHARMA) / ACCOUNTANT MEMBER /JUDICIAL MEMBER 3/ ORDER DATE 19. 10.2012. /RAJKOT SRL - -- - +4 +4 +4 [phone] / COPY OF ORDER FORWARDED TO:- 1. * / APPELLANT-, 2. +,* / RESPONDENT- 3. : / CONCERNED CIT. 4. :- / CIT (A). 5. 4 +, , / DR, ITAT, RAJKOT 6. / GUARD FILE. / BY ORDER , TRUE COPY SENIOR PRIVATE SECRETARY , INCOME TAX APPELLATE TRIBUNAL, RAJKOT.