ITO, Dausa V. SHRI MINTUAM SAINI, Dausa

ITA 554/JPR/2011

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 54275 (ITAT-JAIPUR)
• Duration Of Justice: 5 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-11-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 18-11-2011
• Assessment Year: 2006-2007
• Appeal Filed On: 02-06-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: D K MEENA
• Assessee Lawyers: S L PODDAR
• Keywords: Tax effect
• Section: 69

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL JAIPUR BENCH A JAIPUR (BEFORE SHRI R.K. GUPTA AND SHRI .N.L. KALR A ) ITA NO. 554/JP/2011 ASSESSMENT YEAR : 2006-07 PAN: AMTPS 3698 H THE ITO VS. SHRI MINTOO RAM SAINI WARD- DAUSA PROP. M/S. BUDHARAM STONE INDUSTRIE S DAUSA SIKANDARA, DAUSA (APPELLANT) (RESPONDENT) DEPARTMENT BY: SHRI D.K. MEENA ASSESSEE BY : SHRI S.L. PODDAR DATE OF HEARING: 18-11-2011 DATE OF PRONOUNCEMENT: 22-11-2011 ORDER PER N.L. KALRA, AM:- THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF THE LD. CIT(A)-, ALWAR DATED 04-03-2011 FOR THE ASSESSMENT YEAR 2006-07 WH EREIN THE REVENUE HAS RAISED THE FOLLOWING GROUNDS. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE , THE LD. CIT(A) HAS ERRED IN:- 1. DELETING THE ADDITION OF RS. 5,03,881/- MADE ON ACCOUNT OF EXCESS STOCK U/S 69 OF I.T. ACT 2. DELETING THE TRADING ADDITION OF RS.3,93,326/- A S MADE BY THE AO . 3. RESTRICTING THE ADDITION TO RS. 20,000/- OUT OF DISALLOWANCE OF EXPENSES OF RS. 40,000/- AS MADE BY THE AO. 2 2.1 WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE MATERIALS AVAILABLE ON RECORD. THE BENCH NOTED THAT TAX EFFECT IN THE PRESENT CASE OF THE DEPARTMENTAL APPEAL IS LESS THAN RS.3.00 LACS AND HENCE APPEAL FILED BY REVENUE IS N OT MAINTAINABLE IN VIEW OF PROVISIONS OF SECTION 268A OF THE ACT AND THE DECISION OF THIS BENCH IN THE CASE OF I.T.O. VS. SMT. GEETA DEVI GOYAL, 120 TTJ 136. 3. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED AS NOT MAINTAINABLE THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 22-11-2011. SD/- SD/- (R.K. GUPTA) (N.L. KALRA) JUDICIAL MEMBER ACCOUNTANT MEMBER JAIPUR DATED: 22 /11/2011 MISHRA COPY TO: 1. THE ITO, WARD- DAUSA 2. SHRI MINTOO RAM SAINI, DAUSA 3.THE LD. CIT (A) BY ORDER 4.THE CIT 5.THE D/R 6.THE GUARD FILE (ITA NO.554/JP/11) SR. P.S. ITAT: JAIPUR