ITO, Rohtak V. Shri Bhoop Singh, Rohtak

ITA 559/DEL/2011

• Counselvise Citation: [2011] 134 COUNSELVISE.COM (IT) 3575 (ITAT-DELHI)
• Duration Of Justice: 5 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-07-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 19-07-2011
• Assessment Year: 2007-2008
• Appeal Filed On: 01-02-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANUSHA KHURANA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH A NEW DELHI) BEFORE SHRI R.P. TOLANI, JUDICIAL MEMBER AND SHRI B.K. HALDAR, ACCOUNTANT MEMBER I.T.A. NO.559 /DEL/2011 ASSESSMENT YEAR : 2007-08 ITO, SHRI BHOOP SINGH, WARD-2 , 709/24, JAGDISH COLONY, ROHTAK. V. ROHTAK. (APPELLANT) (RESPONDENT) PAN /GIR/NO. PAN /GIR/NO. PAN /GIR/NO. PAN /GIR/NO.AITPS AITPS AITPS AITPS- -- -6267 6267 6267 6267- -- -N NN N APPELLANT BY : SMT.ANUSHA KHURANA, SR. DR. RESPONDENT BY : NONE. ORDER PER B.K. HALDAR, AM: THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORD ER OF LD CIT(A), ROHTAK DATED 19.11.2010 FOR ASSESSMENT YEAR 200 7-08. THE REVENUE HAS TAKEN FOLLOWING GROUNDS OF APPEALS:- 1. THE LD CIT(A) HAS ERRED IN LAW AS WELL AS ON FACTS O F THE CASE IN DIRECTING TO ADOPT 5% RATE OF PROFIT AS AGAINST APPL IED @ 12% IN VIEW OF THE JUDGMENT OF THE HON'BLE PUNJAB & HARYAN A HIGH COURT IN THE CASE OF M/S PRABHAT KUMAR CONTRACTOR, SI RSA IN I.,T.A. NO.293 OF 2008 DATED 14.11.2008. 2. THE LD CIT(A) HAS ERRED IN LAW AS WELL AS ON FACTS O F THE CASE IN DIRECTING TO ADOPT 5% RATE OF PROFIT AS AGAINST APPLI ED @ 12% PAGE 2 OF 4 ITA NO559/DEL/11 WHEN THE LD CIT(A) HAS HIMSELF HELD THAT THE ASSESSEE COU LD NOT PRODUCE BILLS/SUPPORTING DOCUMENTS IN RESPECT OF MAJOR EXPENSES INCLUDING MATERIAL ETC. THEREFORE THE BOOKS OF ACCOU NT CANNOT BE RELIED UPON AND PROFIT OF THE ASSESSEE HAS TO BE ESTIMATE D. 3. THE APPELLANT CRAVES LEAVE TO ADD, DELETE OR AMEN D ANY GROUND OR GROUNDS OF APPEAL AT THE TIME OF HEARING. 2. IT IS NOTED THAT THE RELIEF ALLOWED BY THE LD CIT (A) IS `.,7,63,000/- AND THE TAX EFFECT OF THE SAME IS ADMITTEDLY BELOW ` .3 LAKHS. THE HON'BLE DELHI HIGH COURT IN THE CASE OF CIT V. DELHI RACE CLUB LTD. REPORTED IN I.T.A. NO.128/2008 DATED 3 RD MARCH, 2011 HAS HELD THAT THE LATEST CBDT INSTRUCTION FOR FILING OF APPEAL BEFORE V ARIOUS AUTHORITIES WOULD APPLY TO ALL PENDING CASES. IN VIEW OF THE ABO VE, WE HOLD THAT THE REVENUE WAS NOT JUSTIFIED IN FILING THE APPEAL BE FORE THE TRIBUNAL. WE, THEREFORE, DISMISS THE APPEAL FILED BY THE REVENUE IN LIMINE. 3. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED. 4. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE O F HEARING I.E. 19 TH JULY, 2011. SD/- SD/- (R.P. TOLANI) (B.K. HAL DAR) JUDICIAL MEMBER ACCOUNTANT MEMBER DT.19.7.2011. HMS PAGE 3 OF 4 ITA NO559/DEL/11 COPY FORWARDED TO:- 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT (A)-, NEW DELHI. 5. THE DR, ITAT, LOKNAYAK BHAWAN, KHAN MARKET, NEW DEL HI. TRUE COPY. BY ORDER (ITAT, NEW DELHI). DATE OF HEARING DATE OF DICTATION DATE OF ORDER SIGNED BY THE HON'BLE MEMBER. DATE OF ORDER SENT TO THE CONCERNED BENCH PAGE 4 OF 4 ITA NO559/DEL/11