The Assistant Commissioner Of IncomeTax, Circle 5, RAJKOT-GUJARAT V. M/s Essar Impex, RAJKOT-GUJARAT

ITA 87/RJT/2011

• Counselvise Citation: 8724914 RSA 2011
• Duration Of Justice: 5 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-08-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2001-2002
• Appeal Filed On: 09-03-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MK SINGH
• Assessee Lawyers: JS SHUKLA
• Keywords: Tax effect
• Section: 80HHC

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH, RAJKOT BEFORE SHRI A.L. GEHLOT (AM) AND SHRI N.R.S. GANESA N (JM) I.T.A. NO.87/RJT/2011 (ASSESSMENT YEAR 2001-02) ACIT, CIR.5 VS M/S ESSAR IMPEX RAJKOT NAVRANGPARA MAIN ROAD MAVDI PLOT, RAJKOT PAN : AAAFE5766H (APPELLANT) (RESPONDENT) C.O. NO.37/RJT/2011 (ARISING OUT OF I.T.A. NO.87/RJT/2011) (ASSESSMENT YEAR 2001-02) M/S ESSAR IMPEX VS THE ACIT, CIR.5 RAJKOT RAJKOT (CROSS OBJECTOR) (RESPONDENT) DATE OF HEARING : 24-08-2011 DATE OF PRONOUNCEMENT : 26-08-2011 REVENUE BY : SHRI MK SINGH ASSESSEE BY : SHRI JS SHUKLA O R D E R PER N.R.S. GANESAN, JM THIS APPEAL OF THE REVENUE IS DIRECTED AGAINST THE ORDER OF CIT(A)-XXI, AHMEDABAD DATED 21-12-2010 PERTAINING TO THE ASSES SMENT YEAR 2001-02. THE ASSESSEE HAS FILED THE CROSS OBJECTION ONLY TO SUPP ORT THE ORDER OF CIT(A). 2. DURING THE COURSE OF HEARING BOTH THE LD.DR AND THE LD.REPRESENTATIVE FOR THE ASSESSEE VERY FAIRLY CONCEDED THAT THE ISSUE RA ISED IN THIS APPEAL IS WITH REGARD TO DEDUCTION U/S 80HHC TO THE EXTENT OF RS.2 ,99,503. IT IS ALSO CLARIFIED THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.1 LAKH. ON A QUERY FROM ITA NO.87/RJT/2011 CO 37/RJT/2011 2 THE BENCH, WHETHER THE GROUNDS RAISED IN THE GROUND S OF APPEAL RELATE TO DEDUCTION OF RS. 38,06,210 OR NOT, THE LD.DR VERY F AIRLY SUBMITTED THAT THE FIRST GROUND RAISED IN THE APPEAL RELATES TO DEDUCTION OV ER AND ABOVE THE DEDUCTION OF RS.38,06,210. IN FACT, ACCORDING TO THE LD.DR, GRO UNDS NO.1 & 2 RELATE TO DEDUCTION OF RS.2,99,503. THEREFORE, THE TAX EFFEC T INVOLVED IN THIS APPEAL IS LESS THAN RS. 1 LAKH. IN VIEW OF THE SUBMISSION OF THE LD.DR THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.1 LAKH, THE APPEAL FILED BY THE REVENUE MAY NOT BE MAINTAINABLE BEFORE THIS TRIBUNAL. IN OTHER WORDS, THE APPEAL WAS FILED CONTRARY TO THE INSTRUCTIONS ISSUED BY THE CBDT TO ITS SUBORDINATE OFFICERS NOT TO FILE AN APPEAL WHEREVER THE TAX EFFECT IS LESS THAN RS.3 LAKHS. IN VIEW OF THE ABOVE, THE APPEAL OF THE REVENUE STANDS DISMISSED. 3. SINCE THE ASSESSEE HAS FLED CROSS OBJECTION ONLY TO SUPPORT THE ORDER OF CIT(A), IT BECOMES INFRUCTUOUS. ACCORDINGLY THE SA ME IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 26-08-2011. SD/- SD/- (A.L. GEHLOT) (N.R.S. GANESAN) ACCOUNTANT MEMBER JUDICIAL MEMBER RAJKOT, DT : 26 TH AUGUST, 2011 PK/- COPY TO: 1. ASSESSEE 2. REVENUE 3. THE CIT(A)-XXI, AHMEDABAD 4. THE CIT-III, RAJKOT 5. THE DR, I.T.A.T., RAJKOT (TRUE COPY) BY ORDER ASSTT.REGISTRAR, ITAT, RAJKOT