ACIT, Jaipur V. BHAG CHAND CHOUDHARY, Jaipur

ITA 824/JPR/2013

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 99591 (ITAT-JAIPUR)
• Duration Of Justice: 2 year(s) 1 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-12-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 31-10-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: S L JAIN DHK
• Keywords: Tax effect
• Section: 154

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES, JAIPUR JH VH-VKJ-EHUK] YS[KK LNL; ,OA JH YFYR DQEKJ] U;KF; D LNL; DS LE{K BEFORE: SHRI T.R.MEENA, AM & SHRI LALIET KUMAR, JM VK;DJ VIHY LA-@ ITA NOS. 824/JP/2013 FU/KZKJ.K O'K Z@ ASSESSMENT YEARS : 2009-10 . ASSISTANT. COMMISSIONER OF INCOME TAX, CIRCLE -7, JAIPUR. CUKE VS. SHRI BHAG CHAND CHOUDHARY, P.NO. 540, SUMER NAGAR, NEW SANGANER ROAD, JAIPUR. LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO. ADXPC 3227 F VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT JKTLO DH VKSJ LS@ REVENUE BY : SHRI KAILASH MANGAL (JCIT) FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY S BY : SHRI S.L. JAIN (ADVOCATE) LQUOKBZ DH RKJH[K@ DATE OF HEARING : 04.12.2015. ?KKS'K .KK DH RKJH[K @ DATE OF PRONOUNCEMENT : 14/12/2015. VKNS'K@ ORDER PER SHRI LALIET KUMAR, J.M. THE PRESENT APPEAL FILED BY THE REVENUE IS ARISING FROM THE ORDER DATED 30.08.2013 PASSED BY THE LEARNED CIT (A)-III, JAIPU R FOR THE A.Y. 2009-10. THE REVENUE HAS RAISED THE FOLLOWING GROUNDS OF APPEAL :- ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE THE LD. CIT (A) HAS ERRED IN (1) IN THE FACTS AND CIRCUMSTANCES OF THE CASE, THE LD. CIT (A) HAS ERRED IN HOLDING THAT PROVISIONS OF SECTION 154 OF THE I.T. ACT WERE NOT APPLICABLE 2 ITA NO. 824/JP/2013 A.Y. 2009-10 ACIT VS. SHRI BHAG CHAND CHOUDHARY. IN THE FACTS AND CIRCUMSTANCES OF THE CASE AND THER EBY DELETING THE DISALLOWANCE OF RS. 26,78,200/- MADE U/S 40(A)(IA) OF THE I.T. ACT. (2) THE CIT (A) HAS FURTHER ERRED IN MISCONSTRUING THE AMENDED PROVISIONS OF SECTION 40(A)(IA). 2. AFTER HEARING THE RIVAL SUBMISSIONS OF BOTH THE PARTIES AND CONSIDERING THE SAME ALONG WITH ORDERS OF THE AUTHORITIES BELOW, WE NOTE D THAT THE APPEAL FILED BY THE REVENUE RELATE TO DELETION OF DISALLOWANCE OF RS. 2 6,78,200/- MADE U/S 40(A)(IA) OF THE I.T. ACT. IT IS OBSERVED THAT THE TAX EFFECT IN TH IS CASE IS LESS THAN RS. 10 LACS. 3. THOUGH WE HAVE RESERVED THE ORDER ON THE DATE ME NTIONED HEREIN ABOVE, BUT BEFORE THE ORDER IS DICTATED AND PRONOUNCED, THE CB DT CAME UP WITH THE CIRCULAR BEARING NO. 21/2015 DATED 10.12.2015 AS TO BELOW T AX EFFECT HAVING MONETARY LIMIT OF RS. 10 LACS. IN OUR OPINION, THE APPEAL IS STILL P ENDING AS NO ORDER/JUDGMENT HAS BEEN PRONOUNCED AND SIGNED BY THE BENCH. IN VIEW OF THE JUDGMENT OF HON'BLE SUPREME COURT IN THE MATTER OF S.N. GOEL VS. STATE BANK OF INDIA, A MATTER IS DEEMED TO BE PENDING UNLESS THE ORDER IS SIGNED AND PRONOUNCED B Y THE COURT/TRIBUNAL. 4. AS PER SECTION 268A, NOTIFICATION REFERRED HEREI N ABOVE, IF THE TAX EFFECT IS LESS THAN RS. 10 LACS, THEN THE APPEAL OF THE DEPARTMENT IS LIABLE TO BE DISMISSED BEING NOT MAINTAINABLE/PRESSED. ACCORDINGLY THE APPEAL OF TH E REVENUE /APPELLANT IS DISMISSED ON ACCOUNT OF TAX EFFECT BEING LESS THAN RS. 10 LACS. HOWEVER, THE DISMISSAL OF THE APPEAL WILL NOT BE TREATED AS PRECEDENT IN ANY PROCEEDINGS NOR IT WILL BE CONSIDERED AS AN EXPRESSION ON THE MERITS OF THE CASE. THE REVENUE I S FREE TO FILE ANY OTHER APPEAL ON THE SAME ISSUE BEFORE THIS TRIBUNAL. 3 ITA NO. 824/JP/2013 A.Y. 2009-10 ACIT VS. SHRI BHAG CHAND CHOUDHARY. 3. IN THE RESULT, APPEAL OF REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 14/12/2015. SD/- SD/- VH-VKJ-EHUK YFYR DQEKJ (T.R. MEENA) (LALIET KUMAR) YS[KK LNL;@ ACCOUNTANT MEMBER U;KF;D LNL;@ JUDICIAL MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 14/12/2015 DAS/ VKNS'K DH IZFRFYFI VXZSFKR@ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT- THE ACIT, CIRCLE-7, JAIPUR. 2. IZR;FKHZ@ THE RESPONDENT- SHRI BHAG CHAND CHOUDHARY, JAIPUR. 3. VK;DJ VK;QDR@ CIT 4. VK;DJ VK;QDRVIHY@ THE CIT(A) 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ@ DR, ITAT, JAIPUR 6. XKMZ QKBZY@ GUARD FILE (ITA NO. 824/JP/2013) VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASST. REGISTRAR