Asstt.Commissioenr of Income -tax1(2), RAIPUR (CG) V. Shri Sanjay Bhansali, RAIPUR (CG)

ITA 72/BIL/2012

• Counselvise Citation: [2015] 134 COUNSELVISE.COM (IT) 0539 (ITAT-RAIPUR)
• Duration Of Justice: 3 year(s) 4 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-10-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2009-2010
• Appeal Filed On: 28-05-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S K MEENA
• Assessee Lawyers: AMIT MALOO
• Keywords: Audit objection; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RAIPUR BENCH, RAIPUR BEFORE SHRI G.D. AGRAWAL, VICE PRESIDENT AND SHRI MUKUL KR. SHRAWAT, JUDICIAL MEMBER ./ ITA NO. 72 /BLPR/201 2 / ASSESSMENT YEAR: 200 9 - 1 0 ASSTT. COMMISSIONER OF INCOME - TAX 1(2), RAIPUR (CG) VS. SHRI SANJAY BHANSALI, PROP: JEWELLERS ANOPCHAND BHANSALI, SADAR BAZAR, RAIPUR PAN : ADDPB 8994 L / (APPELLANT) / (RESPONDENT) REVENUE BY : SHRI S.K. MEENA, DR ASSESSEE(S) BY : SHRI AMIT MALOO, AR / DATE OF HEARING : 0 9 / 10 /2015 / DATE OF PRONOUNCEMENT: 09 / 10 /201 5 / O R D E R PER BENCH : THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME - TAX (APPEALS) , RAIPUR (CG) DATED 30 . 0 3 .201 2 FOR ASSESSMENT YEAR 200 9 - 1 0. 2. AT THE OUTSET, THE LEARNED COUNSEL FOR THE ASSESSEE CONTENDED THAT AS PER CENTRAL BOARD OF DIRECT TAXES CIRCULAR NO.F NO 279/MISC. 142/2007 - ITJ (PT) DATED 10TH JULY 2014, THE REVISED LIMIT FOR PREFERRING REVENUE'S APPEALS IS RS. 4 LACS. THAT THE TAX EFFECT IN THE PRESENT REVENUE'S APPEAL IS RS. 3 , 36 , 350 / - WHICH IS BELOW THE PRESCRIBED LIMIT OF RS. 4 LACS ; THEREFORE, THE REVENUE'S APPEAL MAY BE DISMISSED AS THE TAX EFFECT BEING BELOW THE PRESCRIBED LIMIT. 3. THE LD. DEPARTMENTAL REPRESENTATIVE COULD NOT CONTROVERT THE AFORESAID SUBMISSIONS OF THE LD. COUNSEL FOR THE ASSESSEE. ITA NO. 72/BLPR/ 2012 ACIT VS. SHRI SANJAY BHANSALI AY: 200 9 - 1 0 2 4. WE HAVE HEARD BOTH THE SIDE S AND PERUSED THE MATERIAL PLACED BEFORE US. WE FIND THAT THE APPEAL OF THE REVENUE IS NOT MAINTAINABLE IN VIEW OF CBDT CIRCULAR NO.F NO 279/MISC. 142/2007 - ITJ (PT) DATED 10TH JULY 2014, VIDE WHICH IT HAS BEEN PROVIDED THAT IF THE TAX EFFECT BY VIRTUE OF THE COMMISSIONER OF INCOME - TAX (APPEALS)S ORDER IS BELOW RS.4 LAKHS, THEN THAT ORDER WOULD NOT BE CHALLENGED BEFORE THE TRIBUNAL IN FURTHER APPEAL. THE BOARD HAS PROVIDED EXEMPTIONS AT CLAUSE (8) OF THE INSTRUCTIONS WHEREIN IT HAS BEEN PROVIDED THAT THES E INSTRUCTIONS WILL NOT BE APPLICABLE, IF VIRES OF ANY PROVISIONS HAS BEEN QUASHED BY IMPUGNED ORDER OR ADDITION WAS MADE ON SOME AUDIT OBJECTIONS ETC. WE FIND THAT THE PRESENT CASE DOES NOT FALL WITHIN THE EXEMPTION CLAUSE AND THE TAX IS LESS THAN RS.4 L AKHS . T HEREFORE, THE PRESENT APPEAL IS NOT MAINTAINABLE AND HENCE DISMISSED. 5. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED IN LIMINE. ORDER PRONOUNCED IN THE COURT ON 0 9 T H OCTOBER, 2015 AT RAIPUR . SD/ - SD/ - (MUKUL KR. SHRAWAT) JUDICIAL MEMBER (G.D. AGRAWAL) VICE - PRESIDENT RAIPUR ; DATED 0 9 / 1 0 /201 5 BIJU T., PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / CONCERNED CIT 4. ( ) / THE CIT(A) 5. , , / DR, ITAT, RAIPUR 6. / GUARD FILE . / BY ORDER, TRUE COPY / ( DY./ASSTT.REGISTRAR) , / ITAT, RAIPUR