ITO, Jaipur V. T.N. CONSUL, Jaipur

ITA 49/JPR/2011

• Counselvise Citation: 4923114 RSA 2011
• Duration Of Justice: 6 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-07-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 1989-1990
• Appeal Filed On: 20-01-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: D K MEENA
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

1 ITA 49-11 IN THE INCOME TAX APPELLATE TRIBUNAL JAIPUR BENCH B JAIPUR BEFORE SHRI R.K. GUPTA AND SHRI N.L. KALRA ITA NO. 49/JP/2011 ASSTT. YEAR : 1989-90. THE INCOME-TAX OFFICER, VS. SHRI T.N. CONSUL, WARD 2(4), JAIPUR. S-26, SHYAM NAGAR, JAIPUR. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI D.K. MEENA RESPONDENT BY : SHRI MUKESH KHANDELWA L ORDER DATE OF ORDER : 28/07/2011. PER R.K. GUPTA, J.M. THIS IS AN APPEAL BY DEPARTMENT AGAINST THE ORDER OF LD. CIT (A) RELATING TO ASSESSMENT YEAR 1989-90. 2. THE DEPARTMENT IS OBJECTING IN DELETING THE ADDI TION OF RS. 11,21,000/-. 3. THE LD. COUNSEL OF THE ASSESSEE AT THE TIME OF H EARING OF APPEAL STATED THAT THE TAX EFFECT IN THIS CASE IS LESS THAN RS. 2,00,000/-. A TTENTION OF THE BENCH IS DRAWN ON PAGE 1 OF THE PAPER BOOK WHERE A COPY OF COMPUTATION OF TA X AFTER ASSESSMENT COMPLETED UNDER SECTION 143(3) IS PLACED. AS PER THIS COMPUTATION, THE INCOME TAX PAYABLE IS RS. 1,15,311/-. THE LD. CIT (A) DELETED THE ENTIRE ADD ITION. AGAINST THIS DELETION, THE DEPARTMENT IS NOW IN APPEAL HERE BEFORE THE TRIBUNA L. 4. SINCE TAX EFFECT IS LESS THAN RS. 2,00,000/-, TH EREFORE, IN VIEW OF THE NEWLY INSERTED PROVISIONS OF SECTION 268A OF THE ACT, CBD T INSTRUCTION AND THE DECISION OF THIS 2 BENCH IN THE CASE OF ITO VS. SMT. GEETA DEVI GOYAL, 120 TTJ 136, WE DISMISS THE APPEAL OF THE DEPARTMENT IN LIMINI. 5. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 28. 7.2011. SD/- SD/- ( N.L. KALRA ) ( R.K. GUPTA ) ACCOUNTANT MEMBER JUDICIAL MEMBER JAIPUR, D/- COPY FORWARDED TO :- THE ITO WARD 2(4), JAIPUR. SHRI T.N. CONSUL, JAIPUR. THE CIT (A) THE CIT THE D/R GUARD FILE (ITA NO. 49/JP/2011) BY ORDER, AR ITAT JAIPUR.