ITO, New Delhi V. M/s. Beejay Traders (P) Ltd., New Delhi

ITA 4572/DEL/2013

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 77765 (ITAT-DELHI)
• Duration Of Justice: 10 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-06-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 30-06-2014
• Assessment Year: 2005-2006
• Appeal Filed On: 02-08-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SAMEER SHARMA
• Keywords: Tax effect
• Section: 143(3); 148

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH A, NEW DELHI BEFORE SH. S. V. MEHROTRA, AM AND SH. A. T VARKEY, JM ITA NO. 4572/DEL/2013 : ASS TT. YEAR : 2005-06 INCOME TAX OFFICER, WARD 2(4), ROOM NO. 381, C. R. BUILDING, NEW DELHI VS M/S BEEJAY TRADERS (P) LTD. D-2, SOURTH EXTN.-II, NEW DELHI-110049 (APPELLANT) (RESPONDENT) PAN NO. AAACB3533E ASSESSEE BY : SH. KAPIL GOEL REVENUE BY : SH. SAMEER SHARMA DATE OF HEARING : 30.6.2014 DATE OF PRONOUNCEMENT : 30.6.2014 ORDER PER S. V. MEHROTRA, AM: THIS APPEAL HAS BEEN FILED BY THE DEPARTMENT AGAINS T THE ORDER OF CIT(A)-V, NEW DELHI DATED 21.5.2013 FOR THE ASSESSM ENT YEAR 2005-06. 2. AT THE OUTSET LD. COUNSEL FOR THE ASSESSEE SUBMI TTED THAT SINCE THE TAX EFFECT IS LESS THAN RS. 3,00,000/-, THE REV ENUES APPEAL IS NOT MAINTAINABLE IN VIEW OF CBDT INSTRUCTIONS. HE HAS F ILED A CHART IN PAPER BOOK AT PAGE 6 TO DEMONSTRATE THAT THE TAX EF FECT IS RS. 2,92,390/- WHICH IS REPRODUCED HERE UNDER:- ITA NO. 4572/DEL/2013 BEEJAY TRADERS (P) LTD. 2 AS PER RETURN ASSESSED U/S 143(3) ASSESSED U/S 148 ADDITION 134527 47,084 1,177 965 134527 47,084 1,177 965 933570 326,750 8,169 6,698 799043 279,665 6,992 5,733 49,227 49,227 341,617 292,390 INCOME TAX @ 35% SUR CHARGE @ 2.5% E. CESS 2% TOTAL TAX 3. THE LD. DR AGREED WITH THE CONTENTIONS OF LD. CO UNSEL. ACCORDINGLY, THE REVENUES APPEAL IS DISMISSED AS N OT MAINTAINABLE. ORDER PRONOUNCED IN THE OPEN COURT ON 30/6/2014 SD/- SD/- (A. T. VARKEY) (S. V. ME HROTRA) JUDICIAL MEMBER ACCOUNTANT MEMBE R DATED: 30/6/2014 *SUBODH* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR