ITO, Hisar V. M/s. Ashish Agroils Extraction, Hisar

ITA 4954/DEL/2010

• Counselvise Citation: [2011] 135 COUNSELVISE.COM (IT) 0560 (ITAT-DELHI)
• Duration Of Justice: 2 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-01-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 13-01-2011
• Assessment Year: 2007-2008
• Appeal Filed On: 12-11-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MRS ANUSHA KHURANA
• Keywords: Tax effect

Judgement Text

ITA NO. 4954/DEL/2010 1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH A NEW DELHI BEFORE SHRI R.P. TOLANI, JUDICIAL MEMBER AND SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER I.T.A. NO. 4954/DEL/2010 A.Y. : 2007-08 INCOME TAX OFFICER, WARD-1, HISAR VS. M/S ASHISH AGROILS EXTRACTIONS, UKLANA MANDI, HISAR (PAN/GIR NO. : AAEFA3179Q) (APPELLANT ) (APPELLANT ) (APPELLANT ) (APPELLANT ) (RESPONDENT ) (RESPONDENT ) (RESPONDENT ) (RESPONDENT ) ASSEESSEE BY : NONE DEPARTMENT BY : MRS. ANUSHA KHURANA, SR. D.R. ORDER ORDER ORDER ORDER PER SHAMIM YAHYA: AM PER SHAMIM YAHYA: AM PER SHAMIM YAHYA: AM PER SHAMIM YAHYA: AM THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS) DATED 10/9/2 010 PERTAINING TO ASSESSMENT YEAR 2007-08. 2. THE ISSUE RAISED IS THAT LD. COMMISSIONER OF INC OME TAX (APPEALS) ERRED IN DELETING THE ADDITION OF ` 60493 /- MADE ON ACCOUNT OF DISALLOWANCE OF INTEREST PAID. 3. AT THE THRESHOLD, IT IS NOTICED THAT TAX EFFECT IN THIS CASE IS LESS THAN ` 2 LAKHS, PRESCRIBED BY THE CBDT VIDE INSTR UCTION NO. 5 DATED 16.7.2007 FOR FILING THE APPEAL BEFORE THE ITAT. NO CASE HAS BEEN MADE OUT THAT THE CASE FALLS IN ANY OF THE EXCEPTION S PROVIDED IN THE SAID CBDT CIRCULAR. ACCORDINGLY, THE APPEAL FILED BY THE REVENUE STANDS DISMISSED IN LIMNIE ON ACCOUNT OF TAX EFFECT . ITA NO. 4954/DEL/2010 2 4. IN THE RESULT, THE APPEAL FILED BY THE REVENUE STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 13/01/2011 UP ON CONCLUSION OF HEARING. SD/- SD/- [R.P. TOLANI] [R.P. TOLANI] [R.P. TOLANI] [R.P. TOLANI] [SHAMIM YAHYA] [SHAMIM YAHYA] [SHAMIM YAHYA] [SHAMIM YAHYA] JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER ACCOUNTANT MEMBER ACCOUNTANT MEMBER ACCOUNTANT MEMBER ACCOUNTANT MEMBER DATE 13/01/2011 SRB COPY FORWARDED TO: COPY FORWARDED TO: COPY FORWARDED TO: COPY FORWARDED TO: - -- - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR, ITAT TRUE COPY BY ORDER, DEPUTY REGISTRAR, ITAT, DELHI BENCHES