ITO, Jamshepur V. M/s Orissa Bengal Transport Co., Jamshedpur

ITA 70/RAN/2016

• Counselvise Citation: [2016] 130 COUNSELVISE.COM (IT) 9997 (ITAT-RANCHI)
• Duration Of Justice: 9 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-12-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2012-2013
• Appeal Filed On: 03-03-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: CHAUDHURY ORAM

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, RANCHI SMC BENCH, RANCHI BEFORE SHRI N.S SAINI, ACCOUNTANT MEMBER ITA NO.70/RAN/2016 ASSESSMENT YEAR : 2012 - 2013 INCOME TAX OFFICER, WARD - 1(2), 47, C.H.AREA, JAMSHEDPUR VS. M/S. ORISSA BENGAL TRANSPORT CO. KITADIH (NEAR TISCO COMMUNITY CENTRE), JAMSHEDPUR PAN/GIR NO. AABFO 9781 F (APPELLANT ) .. ( RESPONDENT ) ASSESSEE BY : NONE REVENUE BY : SHRI CHAUDHURY ORAM , DR DATE OF HEARING : 6 /12/ 2016 DATE OF PRONOUNCEMENT : 6 /12/ 2016 O R D E R THIS IS AN APPEAL FILED BY THE REVENUE AGA INST THE ORDER OF CIT(A) - JAMSHEDPUR , DATED 8.12.2015 , FOR THE ASSESSMENT YEAR 2012 - 2013 . 2. THE REVENUE HAS RAISED THE FOLLOWING GROUNDS OF APPEAL: ON FACTS AND CIRCUMSTANCES OF THE CASE, THE LD CIT(A) ERRED IN RESTRI CTING THE ESTIMATED PROFIT OF ASSESSEE TO 1.5% IN PLACE OF 3% OF GROSS RECEIPT ESTIMATED BY THE ASSESSING OFFICER RESULTING IN RELIEF AMOUNTING TO RS.35,23,871/ - WITHOUT PROPER APPRECIATION OF FACTS. 3. AT THE TIME OF HEARING LD D.R. SUBMITTED THAT THE RE VENUE BY MISTAKE HAS FILED TWO APPEALS FOR ASSESSMENT YEAR 2012 - 2013, ONE OF 2 ITA NO.70/RAN/2016 ASSESSMENT YEAR : 2012 - 2013 WHICH IS REGISTERED AS ITA NO.62/RAN/2016 FILED ON 26.2.2016 AND OTHER IS REGISTERED AS ITA NO.70/RAN/2016, WHICH WAS SUBSEQUENTLY FILED ON 3.3.2016. HENCE, HE SUBMITTED THAT THE APPEAL IN ITA NO.70/RAN/2016 SHOULD BE DISMISSED. 4. IN VIEW OF ABOVE SUBMISSION OF LD D.R,. THE PRESENT APPEAL I.E. ITA NO.70/RAN/2016 OF THE REVENUE IS DISMISSED. 5. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRO NOUNCED IN THE OPEN COURT ON 6 /12/2016 IN THE PRESENCE OF PARTIES. SD/ - (N.S SAINI) A CCOUNTANT MEMBER RANCHI ; DATED 6 /12 /2016 B.K.PARIDA, SPS COPY OF THE ORDER FORWARDED TO : BY ORDER, SR.PS, ITAT, CAMP AT RANCHI 1. THE APPELLANT : INCOME TAX OFFICER, WARD - 1(2), 47, C.H.AREA, JAMSHEDPUR 2. THE RESPONDENT. M/S. ORISSA BENGAL TRANSPORT CO. KITADIH (NEAR TISCO COMMUNITY CENTRE), JAMSHEDPUR 3. THE CIT(A) , JAMSHEDPUR 4. CIT , JAMSHEDPUR 5. DR, ITAT, RANCHI 6. GUARD FILE. //TRUE COPY//