A.C.I.T Cir - 1,Siliguri, Siliguri V. Bishnu kumar Minda, Siliguri

ITA 82/KOL/2013

• Counselvise Citation: 8223514 RSA 2013
• Duration Of Justice: 2 year(s) 6 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-08-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 14-01-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: KALYAN NATH
• Assessee Lawyers: N O N E
• Keywords: Tax effect

Judgement Text

I.T.A. NO . 82 / KOL ./20 1 3 ASSESSMENT YEAR: 200 8 - 20 0 9 PAGE 1 OF 3 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA B BENCH, KOLKATA BEFORE SHRI S.V. MEHROTRA , ACCOUNTANT MEMBER AND SHRI MAHAVIR SINGH , JUDICIAL MEMBER I.T.A. NO. 82 / KOL / 20 1 3 ASSESSMENT YEAR : 200 8 - 20 0 9 ASSISTANT COMMISSIONER OF INCOME TAX, .... . .... ... .... . APPELLANT CIRCLE - 1 , SILIGURI, AAYAKAR BHAWAN, PARIBAHAN NAGAR, MATIGARA, SILIGURI - 734 010 - VS. - BISHNU KUMAR MINDA,............................................. . RESPONDE NT SILIGURI, C/O. KELSON COMPLEX, SEVOKE ROAD, SILIGURI - 734001 [PAN : A GFPM 9761 R ] APPEARANCES BY: SHRI KALYAN NATH , J CIT, SR. D.R., FOR THE DEPARTMENT N O N E , FOR THE ASSESSEE DATE OF CONCLUDING THE HEARING : AUGUST 12 , 2 01 5 DATE OF PRONOUNCING THE ORDER : AUGUST 13 , 201 5 O R D E R PER S.V. MEHROTRA : THIS A PPE AL HA S BEEN FILED BY THE REVENU E AGAINST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS) , SILIGURI D ATED 0 8 . 08 .20 1 2 FOR THE ASSESSMENT YEAR 200 8 - 0 9 BY TAKING THE FOLLOWING EFFECTIVE GROUND S OF APPEAL: - 1. WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE THE LD . CIT(A) , SILIGURI WAS JUSTIFIED IN LAW IN HOLDING THAT THE REFERENCE TO THE DVO MADE BY THE ASSESSING OFFICER WITHOUT REJECTION OF BOOKS OF ACCOUNT WAS NOT SUSTAINABLE IN LAW, IGNORING THE FACT: (I) THAT, NO REFERENCE WAS MADE TO THE D VO DURING THE COURSE OF PROCEEDINGS FOR AY 2008 - 09. (II) THAT, WHEN THERE WAS NO REFERENCE TO THE DVO FOR VALUATION OF PROPERTY, THE ISSUE OF REJECTION OF BOOKS OF ACCOUNT DOES NOT ARISE. I.T.A. NO . 82 / KOL ./20 1 3 ASSESSMENT YEAR: 200 8 - 20 0 9 PAGE 2 OF 3 2. WHETHER ON THE FACTS AND CIRCUMSTANCES OF THE CASE, LD. CIT(A), SILIGURI WAS JUSTIVFIED IN LAW IN HOLDING THE ADDITION OF RS.5,49,010/ - BASED ON THE DVO S REP;ORT IS NOT SUSTAINABLE AND THEREFORE, THE ASSESSMENT ORDER DATED 28.12.2010 IS BAD IN LAW AND CANNOT BE SUSTAINED, IGNORING THE FACT: - (I) THE ASSESSMENT FOR AY 2008 - 09 WAS COMPLETED BY UTILISING THE REPORT OF THE DVO WHICH WAS AVAILABLE ON RECORDS OF PROCEEDINGS FOR AY 2007 - 08. 2. SHRI KALYAN NATH , J CIT, SR. D.R. REPRESENTED ON BEHALF OF THE REVENUE AND NONE REPRESENTED ON BEHALF OF THE ASSESSEE. 3. THE APPEA L FILED BY THE DEPARTMENT IS TIME BARRED BY 43 DAYS AND NO CONDONATION PETITION HAS BEEN FILED. MOREOVER, WE FIND THAT THE TAX EFFECT IN THE PRESENT APPEAL IS LESS THAN RS.4,00,000/ - AS THE IMPUGNED ADDITION IS OF RS.5,49,010/ - ONLY. 4 . AT THE OUTSET, IT WAS FOUND THAT TAX EFFECT IN THIS APPEAL OF REVENUE IS BELOW THE PRESCRIBED MONETARY LIMITS FOR FILING OF APPEAL BEFORE ITAT. THE APPEAL RELATES TO ASSESSMENT YEAR 200 8 - 0 9 AND FILED BEFORE THE TRIBUNAL ON 1 4 .0 1 .2013 . THE TAX EFFECT IS LESS THAN RS.2 LAKH S AND, THEREFORE, IN VIEW OF INSTRUCTION NO. 3/2011, THE APPEAL FILED BY THE ASSESSEE IS NOT MAINTAINABLE. 5. THE LD. DR COULD NOT POINT OUT ANY OF THE EXCEPTIONS AS PROVIDED ABOVE. ACCORDINGLY, THIS BEING A LOW TAX EFFECT CASE, WE DISMISS THE APPEAL OF THE REVENUE IN LIMINE WITHOUT GOING INTO MERITS. 6 . IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED . ORDER PRONOUNCED IN THE OPEN COURT ON 13 TH AUGUST , 201 5 . SD/ - SD/ - MAHAVIR SINGH S.V. MEHROTRA ( JUDICIAL MEMBER ) ( ACCOUNTANT MEMBER) KOLKATA, THE 13 TH D AY OF AUGUST , 201 5 I.T.A. NO . 82 / KOL ./20 1 3 ASSESSMENT YEAR: 200 8 - 20 0 9 PAGE 3 OF 3 COPIES TO : (1) ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE - 1, SILIGURI, AAYAKAR BHAWAN, PARIBAHAN NAGAR, MATIGARA, SILIGURI - 734 010 (2) BISHNU KUMAR MINDA, SILIGURI, C/O. KELSON COMPLEX, SEVOKE ROAD, SILIGURI - 734001 (3) COMMISSIONER OF INCOME - TAX (APPEALS) , SILIGURI (4) COMMISSIONER OF INCOME TAX - , ( 5 ) THE DEPARTMENTAL REPRESENTATIVE ( 6 ) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL KOLKATA B ENCHES, KOLKATA LAHA/SR. P.S .