ACIT, Ajmer V. JAIN CONSTRUCTION COMPANY, Ajmer

ITA 683/JPR/2014

• Counselvise Citation: 68323114 RSA 2014
• Duration Of Justice: 1 year(s) 1 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-11-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2004-2005
• Appeal Filed On: 01-10-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: O P BHATEJA
• Keywords: Tax effect

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES SMC, JAIPUR JH IH-DS-CALY] YS[KK LNL; DS LE{K BEFORE: SHRI P.K. BANSAL, ACCOUNTANT MEMBER VK;DJ VIHY LA- @ ITA NO. 683/JP/2014 FU/KZKJ.K O'K Z @ ASSESSMENT YEAR : 2004-05 ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, JAIPUR. CUKE VS. M/S JAIN CONSTRUCTION COMPANY, 761/30, AKLANK HOUSE, TIKAM GANJ, AJMER. LFKK;H YS[KK LA-@THVKBZVKJ L A-@ PAN/GIR NO.: AAPFM 1293 G VIHYKFKHZ @ APPELLANT IZR;FKHZ @ RESPONDENT IZR;K{KSI.K @ C.O. NO. 40/JP/2014 (ARISING OUT OF VK;DJ VIHY LA-@ ITA NO. 683/JP/2014) M/S JAIN CONSTRUCTION COMPANY, 761/30, AKLANK HOUSE, TIKAM GANJ, AJMER. CUKE VS. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, JAIPUR. LFKK;H YS[KK LA-@THVKBZVKJ LA- @ PAN/GIR NO.: AAPFM 1293 G IZR;K{KSID @ OBJECTOR IZR;FKHZ @ RESPONDENT JKTLO DH VKSJ LS @ REVENUE BY : SHRI O.P. BHATEJA (ADDL.CIT) FU/KZKFJRH DH VKSJ LS @ ASSESSEE BY : NONE LQUOKBZ DH RKJH[ K@ DATE OF HEARING : 04/11/2015 MN?KKS'K .KK DH RKJH[ K @ DATE OF PRONOUNCEMENT : 05/11/2015 ITA 683/JP/2014 & CO 40/JP/2014_ ACIT VS JAIN CONSTRUCTION CO. 2 VKNS'K @ ORDER PER P.K. BANSAL, A.M. THE APPEAL BY REVENUE AND CROSS OBJECTION BY ASSESS EE ARISE FROM THE ORDER DATED 17/07/2014 PASSED BY THE LEARNED CI T (A), AJMER FOR A.Y. 2004-05. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE. I, THER EFORE, DECIDED TO DISPOSE OFF THE APPEAL AS WELL AS THE C.O. AFTER HEA RING THE LD DR. 3. AFTER HEARING THE LD DR, I NOTED THAT THE APPEAL FILED BY THE REVENUE RELATE TO DELETION OF ADDITION OF RS. 1,12,000/-. THE APPEAL HAS BEEN FILED BY THE REVENUE ON 01/10/2014. THE TAX EFFECT IN THI S CASE IS LESS THAN RS. 4 LACS. WHEN THE TAX EFFECT IN THE APPEAL OF THE DE PARTMENT IS LESS THAN RS. 4 LACS THEN THE SAME IS NOT MAINTAINABLE IN VIEW OF BOARD INSTRUCTION NO. 5/2014 [F.NO.279/MISC./142/ 2007/ITJ (PT) DATED 10/ 07/2014. AS PER SECTION 268A IF TAX EFFECT IS LESS THAN RS.4 LACS T HEN APPEAL OF DEPARTMENT IS NOT MAINTAINABLE. ACCORDINGLY THE APPEAL OF THE DEPARTMENT IS DISMISSED IN LIMINE. 4. THE CROSS OBJECTION FILED BY THE ASSESSEE IS SUPP ORTIVE TO THE ORDER OF THE LD CIT(A). SINCE I HAVE ALREADY DISMISSED THE APPEAL FILED BY THE REVENUE ON ACCOUNT OF TAX EFFECT, THEREFORE, THE C. O. FILED BY THE ASSESSEE ITA 683/JP/2014 & CO 40/JP/2014_ ACIT VS JAIN CONSTRUCTION CO. 3 BECOME INFRUCTUOUS AND ACCORDINGLY, THE SAME STANDS DISMISSED AS INFRUCTUOUS. 5. IN THE RESULT, APPEAL OF REVENUE AND C.O. OF THE ASSESSEE STAND DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 05/11/2015. SD/- IH-DS-CALY (P.K. BANSAL) YS[KK LNL;@ ACCOUNTANT MEMBER TK;IQJ @ JAIPUR FNUKAD @ DATED:- 05 TH NOVEMBER, 2015 *RANJAN VKNS'K DH IZFRFYFI VXZSFKR @ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ @ THE APPELLANT- THE ACIT, CIRCLE-1, AJMER. 2. IZR;FKHZ @ THE RESPONDENT- M/S JAIN CONSTRUCTION COMPANY, AJMER . 3. VK;DJ VK;QDR @ CIT 4. VK;DJ VK;QDR @ CIT(A) 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ @ DR, ITAT, JAIPUR 6. XKMZ QKBZY @ GUARD FILE (ITA NO. 683/JP/2014 & C.O. 40/JP/2014) VKNS'KKUQLKJ @ BY ORDER, LGK;D IATHDKJ @ ASST. REGISTRAR