ACIT, Sawai Madhopur V. GANPATI PROPERTIES, Hindaun City

ITA 789/JPR/2010

• Counselvise Citation: 78923114 RSA 2010
• Duration Of Justice: 1 year(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-07-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2005-2006
• Appeal Filed On: 17-06-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ROSHANTA MEENA
• Keywords: Tax effect

Judgement Text

1 ITA 789-10 IN THE INCOME TAX APPELLATE TRIBUNAL JAIPUR BENCH A JAIPUR BEFORE SHRI R.K. GUPTA AND SHRI N.L. KALRA ITA NO. 789/JP/2010 ASSTT. YEAR : 2005-06. THE ACIT, CIRCLE, VS. M/S. GANPATI PROPERTIES, SAWAI MADHOPUR. MOHAN NAGAR, HINDAUN CITY. (APPELLANT) (RESPONDENT) APPELLANT BY : MS ROSHANTA MEENA RESPONDENT BY : NONE ORDER DATE OF ORDER : 08/07/2011. PER R.K. GUPTA, J.M. THIS IS AN APPEAL BY DEPARTMENT AGAINST THE ORDER OF LD. CIT (A) RELATING TO ASSESSMENT YEAR 2005-06. 2. THE DEPARTMENT IS OBJECTING IN HOLDING THAT THE AO WAS NOT JUSTIFIED IN DISALLOWING EXEMPTION OF RS. 16,93,448/- IN RESPECT OF COMPULSORY ACQUISITION OF LAND CLAIMED. 3. IT IS SEEN THAT THE ASSESSMENT WAS COMPLETED ON THE INCOME RETURNED BY THE ASSESSEE. RETURNED INCOME IS OF RS. 11,98,563/- AN D ASSESSED INCOME IS ALSO OF RS. 11,98,563/-. IN THIS WAY IT IS CLEARLY ESTABLISHED THAT THERE IS NO TAX EFFECT. SINCE THERE IS NO TAX EFFECT, THE APPEAL OF THE DEPARTMENT, IN OUR CONSIDERED VIEW, IS INFRUCTUOUS IN NATURE AS ISSUE INVOLVED IN THE APPEAL OF THE DEPAR TMENT BECAME ACADEMIC IN NATURE. IN VIEW OF THESE FACTS AND CIRCUMSTANCES, THE APPEAL O F THE DEPARTMENT IS DISMISSED IN LIMINI AS THE TAX EFFECT IS NIL. 2 4. IN THE RESULT, APPEAL OF THE DEPARTMENT IS DISMI SSED. 5. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 08. 07.2011. SD/- SD/- ( N.L. KALRA ) ( R.K. GUPTA ) ACCOUNTANT MEMBER JUDICIAL MEMBER JAIPUR, D/- COPY FORWARDED TO :- THE ACIT CIRCLE SAWAI MADHOPUR. M/S. GANPATI PROPERTIES, HINDAUN CITY. THE CIT (A) THE CIT THE D/R GUARD FILE (ITA NO. 789/JP/2010) BY ORDER, AR ITAT JAIPUR.