Income Tax Officer Ward-3, BHILAI(CG) V. SHRI Subhash Chandra Singh, Durg

ITA 51/BIL/2011

• Counselvise Citation: 5124714 RSA 2011
• Duration Of Justice: 3 year(s) 9 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-12-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2001-2002
• Appeal Filed On: 23-02-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: D K JAIN
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, RAIPUR BENCH, RAIPUR BEFORE SHRI H.L. KARWA, PRESIDENT AND SHRI REJENDRA, ACCOUNTANT MEMEBR ITA NO.51/BLPR/2011 A.Y. 2001-02 THE INCOME TAX OFFICER-3, VS. SHRI SUBHASH CHANDRA SINGH, BHILAI. MPHB, NEAR ENGINEERING COLLEGE, KAILASH NAGAR, BHILAI, DURG. (PAN: AJEPS 7189 K) (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI D.K. JAIN, SR. D.R. RESPONDENT BY : NONE DATE OF HEARING : 17.12.2014 DATE OF PRONOUNCEMENT : 17.12.2014 ORDER PER H.L. KARWA, PRESIDENT THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINS T THE ORDER OF LD. CIT(A) BILASPUR DATED 18.11.2010 RELATING TO A.Y. 2001-02. 2. IN THIS APPEAL, THE REVENUE HAS RAISED THE FOLLO WING GROUNDS:- 1. WHETHER IN LAW AND ON FACTS AND CIRCUMSTANCES O F THE CASE, THE LD. CIT(A) WAS JUSTIFIED IN DELETING THE ADDITION O F RS.3,67,915/- MADE BY THE AO BY ESTIMATING NP @ 8% OF TOTAL CONTR ACT IN ABSENCE OF BOOKS OF ACCOUNT. 2. WHETHER IN LAW AND ON FACTS AND CIRCUMSTANCES OF THE CASE, THE LD. CIT(A) WAS JUSTIFIED IN DELETING THE ADDITION O F RS.2,30,315/- MADE BY THE AO U/S.68 OF THE I.T. ACT, 1961 IN ABSE NCE OF BOOKS OF ACCOUNT. 2 ITA NO. 51/BLPR/2011 A.Y. 2001-02 3. WE HAVE HEARD THE LD. DEPARTMENTAL REPRESENTATIV E. WE MAY OBSERVE HERE THAT THE BOARD ISSUES INSTRUCTIONS FROM TIME TO TIM E TO THE REVENUE AUTHORITIES TO FIX THE MONETARY LIMITS FOR PREFERRING THE APPEAL B EFORE THE TRIBUNAL. THE BOARD, VIDE INSTRUCTION NO.3/2011 [F.NO.279/MISC.142/2007- ITJ], DATED 09.02.2011 FIXED THE MONETARY LIMIT FOR FILING APPEAL BEFORE THE TRI BUNAL AT RS.3,00,000/-. ADMITTEDLY, THE PRESENT APPEAL WAS FILED BY THE REV ENUE ON 23.02.2011 WHICH MEANS THE APPEAL WAS FILED AFTER THE ISSUANCE OF AB OVE INSTRUCTION. AS PER SECTION 268A OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT ), IT IS CLEAR THAT THE INSTRUCTIONS OR DIRECTIONS ISSUED BY THE BOARD OF T HE INCOME TAX AUTHORITIES FOR THE PURPOSES OF FIXING MONETARY LIMITS ARE BINDING ON I NCOME TAX AUTHORITIES AND THE TRIBUNAL HEARING SUCH APPEAL IS REQUIRED TO TAKE IN TO CONSIDERATION THE INSTRUCTIONS/DIRECTIONS ISSUED UNDER SUB-SECTION (1 ) OF SECTION 268A OF THE ACT. IN THE INSTANT CASE, THE TAX EFFECT IS LESS THAN RS.3, 00,000/- WHICH IS LESS THAN THE MONETARY LIMIT FIXED BY THE CBDT AS PER INSTRUCTION NO.3/2011 REFERRED TO ABOVE AND, THEREFORE, WE DISMISS THE APPEAL OF THE REVENU E AS NOT MAINTAINABLE. 4. IN THE RESULT, APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 17.12.2014. SD/- SD/- (RAJENDRA) (H.L. KARWA) ACCOUNTANT MEMBER PRESIDENT RAIPUR, DATED: 17.12.2014 PBN/* 3 ITA NO. 51/BLPR/2011 A.Y. 2001-02 COPY OF THE ORDER FORWARDED TO : 1. APPELLANT 2. RESPONDENT 3. THE CONCERNED CIT(A) 4. THE CONCERNED CIT 5. D.R. ITAT, RAIPUR BENCH, RAIPUR 6. GUARD FILE //TRUE COPY// BY ORDER ASSTT. REGISTRAR, ITAT, RAIPUR