ITO, BARMER V. M/s. Chohatan Construction Company, BARMER

ITA 533/JODH/2015

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 1955 (ITAT-JODHPUR)
• Duration Of Justice: 1 year(s) 4 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-05-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 04-05-2017
• Assessment Year: 2010-2011
• Appeal Filed On: 28-12-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S K MEENA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, JODHPUR BENCH , JODHPUR BEFORE: SMT. DIVA SINGH, JM & SHRI BHAGCHAND, AM ITA NO. 533/JODH/2015 ASSESSMENT YEAR : 2010-11 INCOME TAX OFFICER, WARD-BARMER, BARMER. VS. M/S CHOHATAN CONSTRUCTION COMPANY, BARMER. PAN NO.: AAAFC 7974 M APPELLANT RESPONDENT REVENUE BY : SHRI S.K. MEENA (JCIT) DR ASSESSEE BY : SHRI RAJENDRA JAIN (ADV) DATE OF HEARING : 04/05/2017 DATE OF PRONOUNCEMENT : 05/05/2017 ORDER PER: BHAGCHAND, A.M. THIS IS AN APPEAL FILED BY THE REVENUE ARISES AGAI NST THE ORDER DATED 21/10/2015 PASSED BY THE LD. CIT(A)-2, JODHPU R PERTAINING TO THE ASSESSMENT YEAR 2010-11, WHEREIN THE REVENUE HAS TA KEN FOLLOWING GROUNDS OF APPEAL: 1. ALLOWING RELIEF OF RS. 30,64,237/- BY IGNORING THE FACT THAT G.P. RATE WAS APPLIED AFTER INVOKING PROVISIONS OF SECTION 145(3) OF THE INCOME TAX ACT, 1961 AS THE ASSESSEE HAD FAILED TO EXPLAIN THE DEFECTS POINTED OUT IN THE BO OKS OF ACCOUNT. 2. ALLOWING RELIEF OF RS. 30,64,237/- IGNORING THE FACT THAT THE ACTION OF THE A.O. IN INVOKING THE PROVISIONS OF SE CTION 145(3) OF THE INCOME TAX ACT, 1961 WAS HELD JUSTIFI ED. ITA 533/JODH/2015_ ITO VS M/S CHOHATAN CONSTRUCTION CO. 2 2. WE HAVE HEARD THE RIVAL CONTENTIONS OF BOTH THE PARTIES AND PERUSED THE MATERIAL AVAILABLE ON THE RECORD. IT IS OBSERVED THAT THE DEMAND/ TAX EFFECT IN THIS REVENUE APPEAL IS NOT EX CEEDING RS. 10 LACS. UNDER THE POWERS VESTED BY SEC. 268A(1) OF THE I T ACT, CBDT HAS RECENTLY ISSUED CIRCULAR NO.21 OF 2015 DATED 10.12. 2015 (F NO. 279/MISC. 142/2007-ITJ(PT) INSTRUCTING THE AUTHORIT IES BELOW THAT DEPARTMENTAL APPEAL SHOULD NOT BE FILED BEFORE ITAT WHERE THE DEMAND/TAX EFFECT DOES NOT EXCEED RS.10 L ACS. THE CIRCULAR IS SPECIFICALLY MENTIONS THAT THE INSTRUCT IONS ARE APPLICABLE TO ALL PENDING APPEALS ALSO. 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 WITHDR AWN OR NOT PRESSED BY THE DEPARTMENTAL REPRESENTATIVES. 4. THE PRESENT APPEAL IS NOT COVERED BY ANY EXCEPT ION MENTIONED IN THE SAID CBDT CIRCULAR. SINCE THE TAX DEMAND IN DISPUTE IN THIS APPEAL DOES NOT EXCEED THE LIMIT OF RS. 10 LACS AS SET OUT BY C BDT, THEREFORE THIS APPEAL IS NOT MAINTAINABLE IN VIEW OF FORE GOINGS. ACCORDINGLY THE APPEAL OF THE DEPARTMENT IS DISMISSED AS NOT PRESSED/WITHD RAWN AND HENCE INFRUCTUOUS. ITA 533/JODH/2015_ ITO VS M/S CHOHATAN CONSTRUCTION CO. 3 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 05/05/2017. SD/- SD/- (DIVA SINGH) (BHAGCHAND) JUDICIAL MEMBER ACCOUNTANT MEMBER JODHPUR DATED:- 05 TH MAY, 2017. *RANJAN COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT- THE INCOME TAX OFFICER, BARMER.. 2. THE RESPONDENT- M/S CHOHATAN CONSTRUCTION COMPANY, BARMER. 3. CIT 4. THE CIT(A) 5. DR, ITAT, JODHPUR 6. GUARD FILE (ITA NO. 533/JODH/2015) BY ORDER, ASST. REGISTRAR