The ACIT, Circle-2, RAJKOT-GUJARAT V. M/s. Skill Precision Bail Pvt. Ltd., RAJKOT-GUJARAT

ITA 575/RJT/2012

• Counselvise Citation: 57524914 RSA 2012
• Duration Of Justice: 1 year(s) 2 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-01-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 07-04-2016
• Assessment Year: 2005-2006
• Appeal Filed On: 19-10-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DR J B JHAVERI
• Assessee Lawyers: J C RANPURAC A
• Keywords: Tax effect
• Section: 148; 143(3); 80IB

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBULAL; RAJKOT BENCH, RAJKOT. BEFORE SHRI T. K. SHARMA JM AND SHRI B. R. JAIN AM ITA NO. 575/RJT/2012 / ASSESSMENT YEAR: 2005-06 ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, RAJKOT. ( / APPELLANT V/S M/S SKILL PRECISION BALL PVT. LTD., 374, AJI GIDC, PHASE-II, 80FT. ROAD, RAJKOT. PAN- AADCS1840A / RESPONDENT ! '# / REVENUE BY DR. J.B. JHAVERI, D.R. $% ! '# / ASSESSEE BY SHRI J.C. RANPURA, C.A. ' & ' %( / DATE OF HEARING 02-01-2014 ) %( / DATE OF PRONOUNCEMENT 02-01-2014 / ORDER PER B. R. JAIN, A. M. : THIS APPEAL BY THE REVENUE AGAINST THE ORDER DATED 09/08/2012 OF SHRI YOGESH PANDEY, THE LEARNED CIT(A)-III, RAJKOT RAISES THE FOLLOWING GROUNDS:- (I) THE LD. CIT(A)-III, RAJKOT HAS ERRED IN LAW AN D ON FACTS IN ANNUALLING THE ORDER U/S 143(3) R.W.S. 147 STATING THAT THE ASSESSING OFFICER DID NOT HAVE JURISDICTION TO ISSU E NOTICE U/S 148 OF THE ACT. THE LD. CIT(A) HAS TOTALLY MISUNDER STOOD THE FACTS OF THE CASE AND HAS NOT APPRECIATED THE ORDER OF THE ASSESSING OFFICER WHICH WAS REOPENED WITH DUE PERMI SSION FROM COMPETENT AUTHORITIES AND DISALLOWED THE CLAIM OF DEDUCTION U/S 80IB OF THE ACT RS. 1,39,832/-. (II) ON THE FACTS OF THE CASE, THE LD. CIT(A)-III, RAJKOT OUGHT TO HAVE DECIDED THE ISSUE ON MERITS. (III) ON THE FACTS OF THE CASE, THE LD. CIT(A)-III, RAJKOT OUGHT TO HAVE UPHELD THE ORDER OF THE ASSESSING OFFICER. 2. HEARD PARTIES. IT HAS FAIRLY BEEN ADMITTED THAT THE TAX EFFECT ON THE DISPUTED ADDITION IS RS. 51,167/-. NO EXCEPTION HAS BEEN CARVED OUT IN THE ITA 575/RJT/2012 2 PERMISSION ACCORDED U/S 253(2) OF THE I.T. ACT, 196 1 (IN SHORT THE ACT) BY THE LD. CIT RAJKOT-II FOR FILING THE APPEAL BEFORE THE APPELLATE TRIBUNAL IN SUCH CASES WHERE TAX EFFECT IS BELOW RS. 3,00,000/ -. HAVING REGARD TO THE CBDT INSTRUCTION NO. 3 OF 2011 DATED 09/02/2011 REA D WITH SECTION 268A OF THE ACT, THE APPEAL IS DISMISSED AS NOT MAINTAIN ABLE ON THE GROUND OF MONETARY LIMIT WITHOUT EXPRESSING ANY OPINION ON ME RITS OF THE CASE IN VIEW OF THE JUDGMENT RENDERED BY THE JURISDICTIONAL HIGH COURT BY ITS ORDER DATED 24/08/2012 IN TAX APPEAL NO. 1404 OF 2010 IN THE CA SE OF CIT VS. SURESHCHANDRA DURGAPRASAD KHATOD (HUF). 3. IN THE RESULT, APPEAL STANDS DISMISSED AS ANNOUN CED IN THE OPEN COURT ON IN PRESENCE OF THE PARTIES IMMEDIATELY AFT ER CONCLUSION OF HEARING ON 02/01/2014. SD/- SD/- ( T. K. SHARMA ) ( B. R. JAIN ) '* /JUDICIAL MEMBER #( '* / ACCOUNTANT MEMBER *#+ ,*-/ ORDER DATE 02/01/2014 /RAJKOT *RANJAN / COPY OF ORDER FORWARDED TO:- 1. /APPELLANT- ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, RAJKOT. 2. /RESPONDENT- M/S SKILL PRECISION BALL PVT. LTD., RA JKOT. 3. '-2- % & 3% / CIT-I, RAJKOT. 4. & 3%- / CIT (A)-III, RAJKOT. 5. 789 % , , / DR, ITAT, RAJKOT 6. 9; <= / GUARD FILE. TRUE COPY *#+ '# / BY ORDER , PRIVATE SECRETARY, , INCOME TAX APPELLATE TRIBUNAL, RAJKOT.