ACIT, Circle - 47, Kolkata, Kolkata V. M/s AUTO CHAMPION, Howrah

ITA 629/KOL/2012

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 62147 (ITAT-KOLKATA)
• Duration Of Justice: 3 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-07-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2005-2006
• Appeal Filed On: 19-04-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B K DAS SRDR
• Keywords: Unexplained cash credit
• Section: 143(3); 68

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH A KOLKATA BEFORE SHRI, SANJAY ARORA, ACCOUNTANT MEMBER AND SHRI GEORGE MATHAN, JUDICIAL MEMBER ITA NO. 629 / KOL / 20 12 ASSESSMENT YEAR:2005-06 ACIT, CIRCLE-47, KOLKATA V/S . M/S AUTO CHAMPION, ANDUL ROAD, NITYANANDA NAGAR, D.S. LANE, HOWRAH 711109 [PAN NO.AAHPA4494P] (APPELLANT) .. (RESPONDENT) /BY APPELLANT SHRI B.K. DAS, SR-DR /BY RESPONDENT NONE /DATE OF HEARING 31-07-2012 /DATE OF PRONOUNCEMENT 31-07-2012 O R D E R PER SANJAY ARORA, ACCOUNTANT MEMBER:- THIS IS AN APPEAL BY THE REVENUE CONTESTING THE OR DER BY THE LD. COMMISSIONER OF INCOME-TAX (APPEALS)-XXX, KOLKATA ( CIT(A) FOR SHORT) DATED 01-12-2011 PARTLY ALLOWING THE ASSESSEES APPEAL AG ITATING ITS ASSESSMENT U/S. 143(3) R.W.S. 147 OF THE INCOME-TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT) DATED 29-12-2008 FOR THE ASSESSMENT YEAR (A.Y) 2005-06. 2. THE APPEAL RAISES A SINGLE ISSUE, I.E,. THE MAIN TAINABILITY IN LAW AND ON FACTS. OF THE DELETION OF UNEXPLAINED CASH CREDIT O F RS. 9 LAKH ADDED BY THE ASSESSING OFFICER (AO) U/S. 68 OF THE ACT. ITA NO.629/KOL/2012 A.Y. 2005-06 ACIT CIR-47, KOL V. M/S AUTO CHAMPION PA GE 2 3. NONE APPEARED FOR AND ON BEHALF OF THE ASSESSEE WHEN THE INSTANT APPEAL WAS CALLED OUT FOR HEARING. SO HOWEVER, WE O BSERVE THE TAX-EFFECT OF THE REVENUES APPEAL, WHICH RAISES A QUESTION OF FA CT, IS AT LESS THAN RS.3 LAKHS, I.E., THE THRESHOLD LIMIT PER THE EXTANT INS TRUCTION ISSUED BY THE BOARD U/S. 268A OF THE ACT; THE APPEAL HAVING BEING FILED ON 19-04-2012. THE LD. DR, ON BEING QUESTIONED IN THIS REGARD BY THE BENCH , COULD NOT REBUT THIS FACT(S). 4. THE REVENUES APPEAL UNDER REFERENCE IS THUS NOT MAINTAINABLE IN TERMS OF SECTION 268A OF THE ACT, WHICH AUTHORIZES THE BOARD TO ISSUE INSTRUCTIONS, ORDERS, ETC., FROM TIME TO TIME, FIXI NG MONETARY LIMITS FOR THE PURPOSE OF REGULATING THE FILING OF APPEALS, REFERE NCES, ETC., BY THE REVENUE UNDER THE ACT. AND, FURTHER, THAT WHERE AN APPEAL, REFERENCE, ETC., STANDS FILED BY THE REVENUE, THE TRIBUNAL OR COURT HEARING SUCH APPEAL SHALL HAVE REGARD TO SUCH INSTRUCTIONS, ORDERS, ETC. 5. THE PRIMARY FACTS AS WELL AS OF THE POSITION IN LAW BEING UNDISPUTED, IN OUR CLEAR VIEW, THE INSTANT APPEAL BY THE REVENUE I S NOT MAINTAINABLE BEFORE US. WE, ACCORDINGLY, DISMISS THE SAME IN LIMINE AS NOT MAINTAINABLE. WE DECIDE ACCORDINGLY. 6. IN THE RESULT, REVENUES APPEAL STANDS DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON THE DATE MENTIONE D HEREINABOVE AT CAPTION PAGE. SD/- SD/- (GEORGE MATHAN) (SANJA Y ARORA) (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) KOLKATA, *DKP - 31 /0 7 /2012 KOLKATA &' &' &' &' (() (() (() (() *) *) *) *) / COPY OF ORDER FORWARDED TO:- 1. / APPELLANT ITA NO.629/KOL/2012 A.Y. 2005-06 ACIT CIR-47, KOL V. M/S AUTO CHAMPION PA GE 3 2. / RESPONDENT 3. -(. & &/ / CONCERNED CIT 4. & &/- / CIT (A) 5. )23 (((., & (. , 56- / DR, ITAT, AHMEDABAD 6. 389 :; / GUARD FILE. BY ORDER/ &' , /TRUE COPY/ ASSTT. REGISTRAR, STRENGTHEN PREPARATION & DELIVERY O F ORDERS IN THE ITAT 1) DATE OF TAKING DICTATION 31/07/12 2) DIRECT DICTATION BY MEMBER STRAIGHT ON COMPUTER/LAPTOP/DRAGON DICTATE NO 3) DATE OF TYPING & DRAFT ORDER PLACE BEFORE MEMBER 31/07 4) DATE OF CORRECTION 31/07 5) DATE OF FURTHER CORRECTION 6) DATE OF INITIAL SIGN BY MEMBERS 31/07 7) ORDER UPLOADED ON 03/08 8) SHORT-HAND NOTE ATTACHED TO FILE YES 9) FINAL ORDER AND 2 ND COPY SEND TO BENCH CLERK ON 01/08