The Income Tax Officer, Jammu V. M/s. The Open Survey World, Jammu

ITA 596/ASR/2013

• Counselvise Citation: 59620914 RSA 2013
• Duration Of Justice: 3 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-01-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2008-2009
• Appeal Filed On: 30-09-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH; AMRITSAR. BEFORE SH. H.S. SIDHU, JUDICIAL MEMBER AND SH. B.P. JAIN, ACCOUNTANT MEMBER I.T.A. NO. 596(ASR)/2013 ASSESSMENT YEAR: 2008-09 PAN: AADFT9191Q INCOME TAX OFFICER, VS. M/S THE OPEN SURVEY WORL D, WARD-1(3), JAMMU SHOP NO. 32, HOUSING BOARD COMPLEX, SHASTRI NAGAR, JAMMU (APPELLANT) (RESPONDENT) APPELLANT BY: SH. MAHAVIR SINGH, SR. DR RESPONDENT BY: SH. JOGINDER SINGH, CA DATE OF HEARING: 20.01.2014 DATE OF PRONOUNCEMENT: 21.01.2014 ORDER PER BENCH 1. THE REVENUE HAS FILED THE PRESENT APPEAL AGAINST THE ORDER DATED 15.07.2013 PASSED BY LEARNED CIT(A), JAMMU, FOR THE ASSESSMENT YEAR 2008-09, ON THE FOLLOWING GROUNDS: I. ON THE FACTS AND CIRCUMSTANCES WHETHER THE LD. CIT( A) WAS RIGHT IN APPLYING A NET PROFIT RATE OF 7% ON GROSS RECEIPTS INSTEAD OF 12% APPLIED BY THE ASSESSING OFFICER. II. THE APPELLANT CRAVES TO AMEND OR ADD ANY ONE OR MOR E GROUNDS OF APPEAL. 2. AT THE TIME OR HEARING, SH. JOGINDER SINGH, CA, LEARNED AUTHORIZED REPRESENTATIVE OF THE ASSESSEE STATED TH AT THE TAX EFFECT IN THE PRESENT APPEAL IS LESS THAN RS. 3 LAKHS, AS SUCH TH E PRESENT APPEAL IS NOT 2 I.T.A. NO. 596(ASR)/2013 ASSESSMENT YEAR: 2008-09 MAINTAINABLE IN VIEW OF THE CBDT INSTRUCTION NO. 3/ 2011 (F. NO. 279/MISC, 142/2007 TTJ) DATED 09.02.2011. HE HAS AL SO FILED THE APPLICATION DATED 20.01.2014, THE CONTENTS OF THE S AME ARE REPRODUCED AS UNDER: THE HON'BLE BENCH, 20.01.2014 I.T.A.T., AMRITSAR. SUBJECT: CLARIFICATION REGARDING MONETARY LIMIT FOR FILING OF APPEAL IN THE CASE OF THE OPEN SURVEY WORLD APPEAL NO. 596/ASR/2013. RESPECTED SIR, IN THE ABOVE REFERRED CASE, I WOULD LIKE TO SUBM IT THAT THE TAX EFFECT IN THE APPEAL UNDER CONSIDERATION IS LES S THAN RS. 3,00,000/-. IN VIEW OF BOARD INSTRUCTION NO. 3/2011 (F. NO. 279 /MISC, 142/2007 TTJ) DATED 09.02.2011, APPEAL OF THE REVENUE IS NOT MAINTAINABLE. THE CALCULATION OF TAX IS AS UNDER: RELIEF ALLOWED BY CIT(A) RS. 9,07,868.00 TAX 30% RS. 2,72,360.00 EDUCATION CESS 3% RS. 8,171.00 TOTAL TAX EFFECT 2,80,531.00 THANKING YOU YOURS FAITHFULLY SD/./- (CA JOGINDER SINGH) LEARNED COUNSEL FOR THE ASSESSEE LASTLY REQUESTE D THAT THE APPEAL FILED BY THE REVENUE MAY BE DISMISSED. 3. LEARNED DR HAS NOT RAISED ANY SERIOUS OBJECTION ON THE REQUEST OF LEARNED COUNSEL FOR THE ASSESSEE. 3 I.T.A. NO. 596(ASR)/2013 ASSESSMENT YEAR: 2008-09 4. AFTER HEARING BOTH THE PARTIES AND PERUSING THE RELEVANT RECORDS AVAILABLE WITH US, ESPECIALLY THE CBDT INSTRUCTION NO. 3/2011 (F. NO. 279/MISC, 142/2007 TTJ) DATED 09.02.2011 AS WELL AS THE CALCULATION OF TAX EFFECT IN THE PRESENT APPEAL, WE ARE OF THE VIE W THAT THE TAX EFFECT IN THE PRESENT APPEAL IS LESS THAN RS. 3 LAKHS AND THE REVENUE HAS FILED THE PRESENT APPEAL CONTRARY TO THE CBDT INSTRUCTIONS (S UPRA). THEREFORE, THE PRESENT APPEAL IS NOT MAINTAINABLE AND IT IS ACCORD INGLY DISMISSED. 5. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 21 ST JANUARY, 2014 SD/./- SD/./- (B.P. JAIN) (H.S. SIDHU) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 21 ST JANUARY, 2014 /RK/ COPY OF THE ORDER FORWARDED TO: 1. THE ASSESSEE: M/S THE OPEN SURVEY WORLD, SHOP NO. 32, HOUSING BOARD COMPLEX, SHASTRI NAGAR, JAMMU 2. ITO, WARD-1(3), JAMMU 3. THE CIT(A), 4. THE CIT, 5. THE SR DR, I.T.A.T., TRUE COPY BY ORDER (ASSISTANT REGISTRAR) INCOME TAX APPELLATE TRIBUNAL, AMRITSAR BENCH: AMRITSAR.