ACIT, Kota V. RADHEY SHYAM LADDHA, Kota

ITA 459/JPR/2013

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 99602 (ITAT-JAIPUR)
• Duration Of Justice: 2 year(s) 7 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-12-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2009-2010
• Appeal Filed On: 01-05-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: B L BHOJWANI CA DHK
• Keywords: Tax effect

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES, JAIPUR JH VH-VKJ-EHUK] YS[KK LNL; ,OA JH YFYR DQEKJ] U;KF; D LNL; DS LE{K BEFORE: SHRI T.R.MEENA, AM & SHRI LALIET KUMAR, JM VK;DJ VIHY LA -@ ITA NO. 459/JP/2013 FU/KZKJ.K O'K Z @ ASSESSMENT YEAR : 2009-10 ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, KOTA. CUKE VS. RADHEY SHYAM LADDHA, PROP.- M/S RAJA INDIA COMPANY, D-263, BHAMASHAH MANDI, KOTA. LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO. AAEFK 0999 C VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT JKTLO DH VKSJ LS@ REVENUE BY : SMT. NEENA JEPH (JCIT) FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY : SHRI B.L. BHOJWANI (CA) LQUOKBZ DH RKJH[K@ DATE OF HEARING : 16/12/2015. MN?KKS'K .KK DH RKJH[K @ DATE OF PRONOUNCEMENT : 16/12/2015. VKNS'K@ ORDER PER T.R. MEENA, A.M. THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE O RDER OF THE LD. CIT(A), KOTA DATED 26/02/2013 FOR THE ASSESSMENT YEA R 2009-10 WHEREIN THE REVENUE RAISED FOLLOWING GROUNDS:- ITA NO. 459/JP/2013 ACIT VS RADHEY SHYAM LADDHA 2 ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE , THE LD CIT(A) HAS ERRED IN:- (I) RESTRICTING THE ADDITION OF RS. 2,13,416/- ON A CCOUNT OF UNDER VALUATION OF BARDANA TO RS. 1,48,000/-. (II) RESTRICTING THE ADDITION OF RS. 8,25,527/- ON ACCOUNT OF UNDER VALUATION OF GWAR TO RS. 10,000/-. (III) RESTRICTING THE ADDITION OF RS. 4,03,055/- ON ACCOUNT OF UNDER VALUATION OF CLOSING STOCK IN KIRANA TO RS. 75000/- . (IV) RESTRICTING THE ADDITION OF RS. 3,25,487/- ON ACCOUNT OF UNDER VALUATION OF DHALHAN TO RS. 50,000/-. (V) DELETING THE ADDITION MADE ON ACCOUNT OF DISALL OWANCE U/S 40(A)(IA) OF THE IT ACT OF THE RENT OF RS. 2,03,800/ - PAID BY THE ASSESSEE TO THE CENTRAL WAREHOUSING CORPORATION BY HOLDING THAT TDS PROVISIONS WERE NOT APPLICABLE IN TH E CASE OF THE RECIPIENT. 2. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE M ATERIAL AVAILABLE ON THE RECORD. IT IS OBSERVED THAT THE DEMAND/ TAX EFFECT IN THE REVENUE IN QUESTION IS AROUND TO THE TUNE OF RS. 6,00,000/- . UNDER THE POWERS VESTED BY SEC. 268A(1) OF THE I T ACT, CBDT HAS RECE NTLY ISSUED CIRCULARNO.21 OF 2015 DATED 10.12.2015(F NO. 279/MI SC. 142/2007-ITJ(PT) INSTRUCTING THE AUTHORITIES BELOW DEPARTMENTAL APPEAL SHOULD NOT BE FILED BEFORE ITAT WHERE THE DEMAND/TAX EFFECT DOES NOT EXCEED LESS THAN RS.10 L ACS. THE CIRCULAR IS SPECIFICALLY MENTIONED TO BE APPLICABLE FOR ALL PENDING APPEALS. ITA NO. 459/JP/2013 ACIT VS RADHEY SHYAM LADDHA 3 3. SUBJECT TO SOME EXCEPTIONS, IT IS FURTHER DIREC TED BY CBDT THAT ALL THE DEPARTMENTAL APPEALS PENDING BEFORE ITAT WHERE THE DEMAND/TAX EFFECT IS LESS THAN 10 LACS SHOULD BE EITHER WITHDRA WN OR NOT PRESSED BY THE DEPARTMENTAL REPRESENTATIVES. 4. THE PRESENT APPEAL IS NOT COVERED BY ANY EXCEPTIO NS MENTIONED IN THE SAID CBDT CIRCULAR. SINCE THE TAX DEMAND IN DISP UTE IN THIS DEPARTMENTAL APPEAL IS BELOW THE LIMIT SET OUT BY CB DT FOR THE APPEAL THE SAME IS NOT MAINTAINABLE IN VIEW OF FORE GOINGS. ACC ORDINGLY THE APPEAL OF THE DEPARTMENT IS DISMISSED AS NOT PRESSED/WITHDRAWN . 5. IN THE RESULT, APPEAL OF REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 16/12/2015. SD/- SD/- YFYR DQEKJ VH-VKJ-EHUK (LALIET KUMAR) (T.R. MEENA) U;KF;D LNL;@ JUDICIAL MEMBER YS[KK LNL;@ ACCOUNTANT MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 16 TH DECEMBER, 2015 RANJAN* VKNS'K DH IZFRFYFI VXZSFKR @ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ @ THE APPELLANT- THE ACIT, CIRCLE-1, KOTA. 2. IZR;FKHZ @ THE RESPONDENT- SHRI RADHEY SHYAM LADDHA, KOTA. 3. VK;DJ VK;QDR @ CIT ITA NO. 459/JP/2013 ACIT VS RADHEY SHYAM LADDHA 4 4. VK;DJ VK;QDRVIHY @ THE CIT(A) 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ @ DR, ITAT, JAIPUR 6. XKMZ QKBZY @ GUARD FILE (ITA NO. 459/JP/2013) VKNS'KKUQLKJ @ BY ORDER, LGK;D IATHDKJ @ ASST. REGISTRAR