ITO, BEHROR V. PRAKASH CHAND SAINI, BANSUR

ITA 903/JPR/2013

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 5279 (ITAT-JAIPUR)
• Duration Of Justice: 2 year(s) 6 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-05-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2008-2009
• Appeal Filed On: 26-11-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAGHUVIR SINGH DUNGAR
• Keywords: Unexplained cash credit; Tax effect
• Section: 68

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 DQY HKKJR] U;KF;D LNL; ,OA JH VH-VKJ-EHUK] YS[KK LNL; DS LE{K BEFORE: SHRI KUL BHARAT, JM & SHRI T.R.MEENA, AM VK;DJ VIHY LA -@ ITA NO. 903/JP/2013 FU/KZKJ.K O'K Z @ ASSESSMENT YEAR : 2008-09 INCOME TAX OFFICER, BEHROR. CUKE VS. PRAKASH CHAND SAINI, PROP.- M/S ANIL TRANSPORT CO., NEAR GADHI PARK, ALWAR ROAD, BANSUR. LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO. BDJPS 7159 B VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT JKTLO DH VKSJ LS@ REVENUE BY : SHRI RAGHUVIR SINGH DUNGAR (ADDL.CIT) FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY : NONE LQUOKBZ DH RKJH[K@ DATE OF HEARING : 30/05/2016. MN?KKS'K .KK DH RKJH[K @ DATE OF PRONOUNCEMENT : 30/05/2016. VKNS'K@ ORDER PER: T.R. MEENA, A.M. THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF THE LD. CIT(A), ALWAR DATED 11/09/2013 FOR THE ASSESSMENT YEA R 2008-09 WHEREIN THE REVENUE HAS RAISED FOLLOWING GROUNDS:- 1. THAT THE LD. COMMISSIONER OF INCOME TAX (APPEALS), ALWAR ORDER U/S HAS ERRED IN LAW AS WELL AS ON THE FAC TS AND CIRCUMSTANCES OF THE CASE IN RESTRICTING THE TR ADING ADDITION TO RS 3,50,000/- ONLY, ON LUMP-SUM BASIS, OUT OF 2 ITA 903/JP/2013 ITO VS PRAKASH CHAND SAINI TOTAL ADDITION OF RS 9,64,498/- MADE BY THE AO BY APPLYING N.P. RATE OF 4% ON THE DECLARED FREIGHT RE CEIPTS. 2. THAT THE LD. COMMISSIONER OF INCOME TAX (APPEALS) , ALWAR HAS ERRED IN LAW AS WELL AS ON THE FACTS AND CIRCUMSTANCES OF THE CASE IN DELETING THE ADDITION OF RS 5,67,560/- MADE BY THE AO ON ACCOUNT OF NON- PASSIN G OF TDS RECEIPTS TO TRUCK OWNERS/ DRIVERS (SUBCONTRACTORS ). 3. THAT THE LD. COMMISSIONER OF INCOME TAX (APPEALS), ALWAR HAS ERRED IN LAW AS WELL AS ON THE FACTS AND CIRCUMSTANCES OF THE CASE IN DELETING THE ADDITION OF RS 1,00,000/- MADE BY THE AO ON ACCOUNT OF UNEXPLAINED CASH CREDITS U/S 68 OF THE IT ACT 1961. 2. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE M ATERIAL AVAILABLE ON THE RECORD. IT IS OBSERVED THAT THE DEMAND/ TAX EFF ECT IN THE REVENUE IN QUESTION IS TO THE TUNE OF RS. 14,250/-. UNDER THE POWERS VESTED BY SEC. 268A(1) OF THE I T ACT, CBDT HAS RECENTLY ISSUED CIR CULAR NO.21 OF 2015 DATED 10.12.2015(F NO. 279/MISC. 142/2007-ITJ( PT) INSTRUCTING THE AUTHORITIES BELOW THAT THE DEPARTME NTAL APPEAL SHOULD NOT BE FILED BEFORE ITAT WHERE THE DEMAND/TA X EFFECT DOES NOT EXCEED LESS THAN RS.10 LACS. THE CIRCULAR I S SPECIFICALLY MENTIONED TO BE APPLICABLE FOR ALL PENDING APPEALS. 3. SUBJECT TO SOME EXCEPTIONS, IT IS FURTHER DIREC TED BY CBDT THAT ALL THE DEPARTMENTAL APPEALS PENDING BEFORE ITAT WHERE THE DE MAND/TAX EFFECT IS 3 ITA 903/JP/2013 ITO VS PRAKASH CHAND SAINI LESS THAN 10 LACS SHOULD BE EITHER WITHDRAWN OR NOT PRESSED BY THE DEPARTMENTAL REPRESENTATIVES. 4. THE PRESENT APPEAL IS NOT COVERED BY ANY EXCEPTIO NS MENTIONED IN THE SAID CBDT CIRCULAR. SINCE THE TAX DEMAND IN DISPUTE IN THIS DEPARTMENTAL APPEAL IS BELOW THE LIMIT SET OUT BY CBDT FOR THE APP EAL THE SAME IS NOT MAINTAINABLE IN VIEW OF FORE GOINGS. ACCORDINGLY THE APPEAL OF THE DEPARTMENT IS DISMISSED AS NOT PRESSED/WITHDRAWN. 5. IN THE RESULT, APPEAL OF REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 30/05/2015. SD/- SD/- DQYHKKJR VH-VKJ-EHUK (KUL BHARAT) (T.R. MEENA) U;KF;D LNL;@ JUDICIAL MEMBER YS[KK LNL;@ ACCOUNTANT MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 30 TH MAY, 2016 RANJAN* VKNS'K DH IZFRFYFI VXZSFKR @ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ @ THE APPELLANT- THE ITO, BEHROR. 2. IZR;FKHZ @ THE RESPONDENT- PRAKASH CHAND SAINI, ALWAR ROAD, BANS UR. 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. 903/JP/2013) VKNS'KKUQLKJ @ BY ORDER, LGK;D IATHDKJ @ ASST. REGISTRAR