The ACIT, Circle-2, JAMNAGAR V. M/s. Prasad Multi Services Pvt. Ltd., JAMNAGAR

ITA 487/RJT/2011

• Counselvise Citation: [2012] 120 COUNSELVISE.COM (IT) 0197 (ITAT-RAJKOT)
• Duration Of Justice: 9 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-10-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 04-10-2012
• Assessment Year: 2006-2007
• Appeal Filed On: 29-12-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AVINASH KUMAR
• Assessee Lawyers: PRASHANT MAHARISHI
• Keywords: Tax effect

Judgement Text

: : IN THE INCOME TAX APPELLATE TRIBUNAL: RAJKOT BENCH: RAJKOT . .. . . . . . . .. . . . . . # # # # BEFORE SHRI T. K. SHARMA JM AND SHRI D. K. SRIVASTA VA AM ITA NO. 487/RJT/2011 / ASSESSMENT YEAR 2006-07 ACIT, CIRCLE - 2 V. M/S. PRASAD MULTI SERVICES P. LTD. JAMNAGAR 321 CROSS ROAD OPP: D.K.V. COLLEGE, JAMNAGAR PAN: AACCP0464A DATE OF HEARING: 04.10.2012 DATE OF PRONOUNCEMENT: 05.10.2012 FOR THE REVENUE: AVINASH KUMAR, DR FOR THE ASSESSEE: PRASHANT MAHARISHI, FCA / // / ORDER . .. . . . . . /D. K. SRIVASTAVA: THE APPEAL FILED BY THE DEPARTMENT IS DIRECTED AGAINST THE ORDER PASSED BY THE CIT (A) ON 21-10-2011, ON THE FOLLOWING GROUNDS: 1. THE LD. CIT (A) HAS ERRED IN LAW AS WELL AS ON F ACTS OF THE CASE WHILE QUASHING THE RE-OPENING OF ASSESSMENT PROCEEDINGS U /S.147 OF THE ACT. 2. THE CIT (A) ERRED IN NOT APPRECIATING THE FACT T HAT A SUBSTANTIAL AMOUNT OF ESCAPEMENT WAS DETECTED BY THE AO; AND ME RELY BECAUSE THE AO CHOOSE SOME OTHER COURSE OF ACTION AVAILABLE WITH H IM WELL WITHIN THE LAW, THE ACTION OF THE AO IN REOPENING THE ASSESSMENT CA NNOT BE HELD TO BE IMPROPER PARTICULARLY WHEN THE ACTION OF THE AO IS NOT FOUND TO BE DETRIMENTAL TO THE INTEREST OF JUSTICE. 3. THAT ON THE FACTS AND IN THE CIRCUMSTANCES OF TH E CASE, THE CIT (A) OUGHT TO HAVE UPHELD THE ORDER OF THE ASSESSING OFF ICER. 4. IT IS THEREFORE PRAYED THAT THE ORDER OF THE CIT (A) BE SET-ASIDE AND THAT OF ASSESSING OFFICER BE RESTORED. 5. THAT THE REVENUE CRAVES LEAVE TO ADD, AMEND, ALT ER OR WITHDRAW ANY GROUNDS OF APPEAL. 2. THE ASSESSING OFFICER HIMSELF HAS CERTIFIED THAT THE TAX EFFECT IN THE PRESENT APPEAL IS RS.1,23,451/- WHICH IS WELL BELOW THE MON ETARY LIMIT PRESCRIBED BY THE CENTRAL BOARD OF DIRECT TAXES FOR FILING THE APPEAL BEFORE THIS TRIBUNAL. IN THIS CONNECTION, THE LD. AUTHORIZED REPRESENTATIVE FOR T HE ASSESSEE HAS DRAWN OUR ATTENTION TO INSTRUCTION NO.3/2011, DATED 9-2-2011 ISSUED BY THE CENTRAL BOARD OF 2 ITA 487/RJT/2011 DIRECT TAXES IN WHICH THE MONETARY LIMIT OF RS.3 LA KHS HAS BEEN PRESCRIBED FOR FILING THE APPEAL BEFORE THIS TRIBUNAL. THE LD. DEPARTMENT AL REPRESENTATIVE COULD NOT POINT OUT ANY REASON THAT LED THE DEPARTMENT TO FILE THE PRESENT APPEAL IN CONTRAVENTION OF THE AFORESAID INSTRUCTIONS ISSUED BY THE BOARD. IN THIS VIEW OF THE MATTER, THE APPEAL FILED BY THE DEPARTMENT IS DISMISSED IN LIMINE. ( * 05 .10.2012 ( ORDER PRONOUNCED ON 05.10-2012 SD/- SD/- ( . . / T. K. SHARMA) ( .. / D. K. SRIVASTAVA) /JUDICIAL MEMBER / ACCOUNTANT MEMBER /RAJKOT: 05-10-2012 NVA/- ( (( ( -. -. -. -. /. /. /. /. / COPY OF ORDER FORWARDED TO:- 1.2 / APPELLANT-THE ASSISTANT COMMISSIONER OF INCOME-T AX, CIR-2, JAMNAGAR 2 -42 / RESPONDENT- M/S. PRASAD MULTI SERVICES PVT. LTD. , JAMNAGAR 3. 8 / CONCERNED CIT, JAMNAGAR 4. 8- / CIT (A), JAMNAGAR 5. . -, , / DR, ITAT, RAJKOT 6. / GUARD FILE / BY ORDER TRUE COPY. SENIOR PRIVATE SECRETARY, ITAT , RAJKOT