DY.C.I.T. CIR 1(1), BILASPUR(CG) V. M/S SUBHASH KUMAR AGRAWAL, Raigarh(C.G)

ITA 87/BIL/2015

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 2701 (ITAT-RAIPUR)
• Duration Of Justice: 3 year(s) 1 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2010-2011
• Appeal Filed On: 01-07-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: D K JAIN
• Assessee Lawyers: S R RAO
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RAIPUR BENCH, RAIPUR BEFORE SHRI R. K. PANDA, ACCOUNTANT MEMBER AND MS. SUCHITRA KAMBLE, JUDICIAL MEMBER ITA NO.87/RPR/2015 ASSESSMENT YEAR : 2010-11 DCIT, CIRCLE- 1(1), BILASPUR (CG). VS. SUBHASH KUMAR AGRAWAL, DABHRA ROAD, KHARASIA, DISTT. RAIGARH, RAIGARH (CG). PAN : ABDFS6276L (APPELLANT) (RESPONDENT) ITA NO.114/RPR/2015 ASSESSMENT YEAR : 2010-11 SUBHASH KUMAR AGRAWAL, DABHRA ROAD, KHARASIA, DISTT. RAIGARH, RAIGARH (CG). VS. DCIT- 1(2), BILASPUR (CG). PAN : ABDFS6276L (APPELLANT) (RESPONDENT) DEPARTMENT BY : SHRI D. K. JAIN, DR ASSESSEE BY : SHRI S. R. RAO, ADV. DATE OF HEARING : 09-08-2018 DATE OF PRONOUNCEMENT : 09-08-2018 O R D E R PER R. K. PANDA, AM : THESE ARE CROSS APPEALS. THE FIRST ONE IS FILED BY THE REVENUE AND THE SECOND ONE FILED BY THE ASSESSEE AND ARE DIRECTED A GAINST THE ORDER DATED 19.01.2015 OF CIT(A), BILASPUR RELATING TO ASSESSME NT YEAR 2010-11. FOR THE 2 ITA NO.87/RPR/2015 ITA NO.114/RPR/2015 SAKE OF CONVENIENCE, THESE WERE HEARD TOGETHER AND ARE BEING DISPOSED OF BY THIS COMMON ORDER. ITA NO.87/RPR/2015 (BY REVENUE) : 2. THE LD. COUNSEL FOR THE ASSESSEE, AT THE OUTSET, SUBMITTED THAT THE TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE IS BE LOW RS.20 LAKHS. THEREFORE, IN VIEW OF THE LATEST CBDT CIRCULAR NO.03/2018 [F.N O.279/MISC.142/2007-ITJ (PT)] DATED 11 TH JULY, 2018 WHICH IS APPLICABLE EVEN TO PENDING APP EALS, THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE. 3. THE LD. DR ON THE OTHER HAND FAIRLY CONCEDED THA T THE TAX EFFECT INVOLVED IN THE GROUNDS RAISED BY THE REVENUE IS ADMITTEDLY BELOW RS.20 LAKHS. 4. WE HAVE HEARD THE RIVAL SUBMISSIONS MADE BY BOTH THE SIDES. IT IS AN ADMITTED FACT THAT THE TAX EFFECT INVOLVED IN THE G ROUNDS RAISED BY THE REVENUE IS LESS THAN RS.20 LAKHS. THEREFORE, IN VIEW OF THE L ATEST CBDT CIRCULAR CITED (SUPRA) RAISING THE MONETARY LIMITS FOR FILING OF T HE APPEALS BEFORE THE TRIBUNAL WHICH IS APPLICABLE EVEN TO PENDING APPEALS, THE AP PEAL FILED BY THE REVENUE IS DISMISSED. ITA NO.114/RPR/2015 (BY ASSESSEE) : 5. THE LD. COUNSEL FOR THE ASSESSEE, AT THE OUTSET, DID NOT PRESS THE GROUNDS RAISED BY THE ASSESSEE ON ACCOUNT OF SMALLNESS OF T HE AMOUNT. IN ABSENCE OF ANY 3 ITA NO.87/RPR/2015 ITA NO.114/RPR/2015 OBJECTION FROM THE SIDE OF THE LD. DR, THE GROUNDS RAISED BY THE ASSESSEE IN CROSS APPEAL ARE DISMISSED AS NOT PRESSED. 6. IN THE RESULT, THE APPEAL FILED BY THE REVENUE A S WELL AS THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ITSELF I.E. ON THIS 09 TH AUGUST, 2018. SD/- SD/- (SUCHITRA KAMBLE) (R. K. PANDA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 09-08-2018. SUJEET COPY OF ORDER TO: - 1) THE APPELLANT 2) THE RESPONDENT 3) THE CIT 4) THE CIT(A) 5) THE DR, I.T.A.T., RAIPUR. BY ORDER //TRUE COPY// SR. PRIVATE SECRETARY ITAT, RAIPUR