The ITO, Ward-1(2), JUNAGADH V. M/s. Dinesh Industries, JUNAGADH

ITA 90/RJT/2011

• Counselvise Citation: [2011] 119 COUNSELVISE.COM (IT) 7325 (ITAT-RAJKOT)
• Duration Of Justice: 9 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-12-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 11-10-2011
• Assessment Year: 1995-1996
• Appeal Filed On: 10-03-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: KRISHNA PRABHAKAR
• Assessee Lawyers: J C RANPURA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, RAJKOT BENCH, RAJKOT. BEFORE SHRI T. K. SHARMA (JM) AND SHRI A. L. GEHL OT AM). ITA NO. 90/RJT/2011. (ASSESSMENT YEAR 1995-96) THE I.T.O., VS. M/S. DINESH INDU STRIES, WARD-1(2) JUNAGADH. OUTSIDE MAJEWADI GATE. JUNAGA DH. (APPELLANT) (RESPONDENT) REVENUE BY : SHRI KRISHNA PRABHAKAR, D. R. ASSESSEE BY : SHRI J. C. RANPURA, C.A. DATE OF HEARING : 02-12-2011. DATE OF PRONOUNCEMENT : 15-12-2011. O R D E R. A. L. GEHLOT (A.M) THIS APPEAL IS FILED BY THE REVENUE AGAINST THE ORD ER OF COMMISSIONER OF INCOME TAX (APPEALS)-XXI,AHMEDABAD DATED 31-12-2010 FOR ASSESSMENT YEAR 1995-96. 2. THE GROUND RAISED IN REVISED FORM NO.36 IS IN RE SPECT OF LEVY OF PENALTY RS.2,00,000/- U/S.271(1(C) OF THE ACT. IN ORIGINAL FORM NO.36, THE GROUND RAISED BY THE REVENUE WAS IN RESPECT OF LEVY OF PEN ALTY RS.1,00,000/- U/S.271B OF THE ACT. THE ORDER OF CIT(A) DATED 31-12-2010 AND THE PENALTY ORDER OF AO U/S.271B DATED 16-03-2007 ALONGWITH REVISED FORM NO .36 IS IN RESPECT OF PENALTY U/S.271B OF THE ACT. ORDERS OF REVENUE AUTHORITIES RELATED TO PENALTY UNDER SECTION 271(1)(C) HAVE NOT BEEN FILED ALONGWITH APP EAL PAPERS. 3. AT THE OUTSET, LD. A.R. POINTED OUT THAT THE APP EAL FILED WAS BY THE REVENUE ON 17-03-2011 WHEREAS, AS PER INSTRUCTION NO.3/2011 (F.279/MISC.142/2007- ITJ), DATED 09-02-2011, THE APPEAL FILED BY THE DEP ARTMENT IS LIABLE TO BE DISMISSED ON ACCOUNT OF TAX EFFECT. THE TAX EFFECT IN THE CASE UNDER CONSIDERATION IS RS.1,00,000/- WHICH IS NOT EXCEEDI NG RS.3,00,000/-. AFTER ITA 90-RJT-2011. A.Y.. 1995-96 2 HEARING THE LD. D.R., WE FIND THAT THE APPEAL FILE D BY THE REVENUE IS AGAINST THE INSTRUCTION OF CBDT. THEREFORE, THE SAME IS LIABLE TO BE DISMISSED AS TAX EFFECT//PENALTY IS LESS THAN RS.3,00,000/-. IN ADDI TION TO THAT, THE APPEAL OF REVENUE IS ALSO LIABLE TO BE DISMISSED IN LIMINE ON THE GROUND OF DEFECTS IN FILING FORM NO.36 AS NOTED ABOVE. 4. IN THE RESULT, APPEAL OF REVENUE IS DISMISSED IN LIMINE. ORDER PRONOUNCED IN THE OPEN COURT ON 15-12-2011. SD/- SD/- ( T. K. SHARMA ), ( A. L. GEHLOT ), JUDICIAL MEMBER. ACCOUNTANT MEMBER. RAJKOT. DATED:15-12-2011. NVA/ COPY TO:- 1.THE .I.T.O.,WARD-1(2),JUNAGADH.. 2.M/S.DINESH INDUSTRIES, JUNAGADH.. 3.THE C.I.T.(A)-II, RAJKOT. 4.THE C.I.T., RAJKOT. 5.THE D.R., ITAT, RAJKOT. TRUE COPY. BY ORDER, ASSTT. REGISTRAR, ITAT,RAJKOT.