ACIT, UDAIPUR V. M/s. Udaipur Sahakari Upbhokta Thok Bhandar Ltd., UDAIPUR

ITA 454/JODH/2014

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 5264 (ITAT-JODHPUR)
• Duration Of Justice: 1 year(s) 6 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-03-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2001-2002
• Appeal Filed On: 28-08-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S L MOURYA
• Assessee Lawyers: SHYAM LALWANI
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL JODHPUR BENCH, JODHPUR BEFORE SHRI N.S. SAINI , HONBLE ACCOUNTANT MEMBER AND SHRI GEORGE MATHAN, HONBLE JUDICIAL MEMBER ITA NO. 454 / JODH /201 4 (ASST. YEAR : 200 1 - 0 2 ) AC IT, CIRCLE - 2 , UDAIPUR . VS. M/S. UDAIPUR SAHAKARI UPBHOKTA THOK BHANDAR LTD., SHASTRI CIRCLE, UDAIPUR. PAN NO. AAAAU 0159 K (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI SHYAM LALWANI AR . DEPARTMENT BY : SHRI S.L. MOURYA - DR DATE OF HEARING : 08 / 0 3 /201 6 . DATE OF PRONOUNCEMENT : 08 / 03 /201 6 . O R D E R PER N.S. SAINI , ACCOUNTANT MEMBER THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) , UDAIPUR , DATED 14 /0 6 /201 3 . 2. THE GROUND NO.1 OF THE APPEAL IS DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) DELETING THE INTEREST CHARGED UNDER SEC. 220(2) OF THE ACT OF RS. 6,26,210/ - . 3 . IN GROUND NO.2, THE GRIEVANCE OF THE REVENUE IS THAT THE COMMISSIONER OF INCOME TAX (APPEALS) ERRED IN DELETING THE INTEREST CHARGED UNDER SEC. 234D OF RS. 17,571/ - . 4 . BOTH THE PARTIES BEFORE US SUBMITTED THAT THE COMMISSIONER OF INCOME TAX (APPEALS) HAS DELETED THE INTEREST UNDER SEC. 220(2) OF 2 ITA NO. 454 / JODH /201 4 RS. 6,26,210/ - AND INTEREST UNDER SEC. 234D OF RS. 17,571/ - , AGGREGATING TO RS. 6,43,781/ - AND THEREFORE, THE TAX EFFECT IN THIS APPEAL IS BELOW RS. 10 L AC AND THE APPEAL OF THE REVENUE IS NOT MAINTAINABLE. 5. IN VIEW OF THE ABOVE SUBMISSION OF THE DEPARTMENTAL REPRESENTATIVE AND THE AUTHORIZED REPRESENTATIVE OF THE ASSESSEE , WE DISMISS THE APPEAL OF THE REVENUE AS NOT MAINTAINABLE. 6 IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE COURT AT THE CLOSE OF THE HEARING ON TUESDAY , THE 08 TH DAY OF MARCH , 201 6 AT JODHPUR . S D / - S D / - (GEORGE MATHAN) (N.S.SAINI) JUDICIAL MEMBER ACCOUNTANT MEMBER D ATED : 08 TH MARCH , 201 6 . VR/ - COPY TO: 1. THE ASSESS E E. 2. THE REVENUE. 3. THE CIT 4. THE CIT(A) 5. THE D.R . 6. GUARD FILE. BY ORDER SR. PRIVATE SECRETARY I.T.A.T., JODHPUR .