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

ITA 91/RJT/2011

• Counselvise Citation: [2011] 119 COUNSELVISE.COM (IT) 7338 (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 D E
• 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. GEHLOT ( AM) I.T.A. NO.91/RJT/2011 (ASSESSMENT YEAR 1995-96) THE I.T.O., WARD-1(2), VS M/S. DINESH INDUSTRIES, JUNAGADH OUTSIDE MAJEWADI GATE JUNAGADH., PAN :31-805-FY-6787. (APPELLANT) (RESPONDENT) DATE OF HEARING : 02-12-2011 DATE OF PRONOUNCEMENT : 15-12-2011 REVENUE BY : SHRI KRISHNA PRABHAKAR, D.E. ASSESSEE BY : SHRI J.C. RANPURA, C.A. O R D E R PER T.K. SHARMA (JM) THIS APPEAL IS FILED BY THE REVENUE AGAINST THE OR DER DATED 31-12-2010 OF CIT(A)-XXI, AHMEDABAD FOR THE ASSESSMENT YEAR 1995- 96 CONFIRMING THE PENALTY OF RS.2,00,000/- LEVIED BY THE AO U/S.271(1)(C) OF THE I.T. ACT,1961. 2. WE HAVE HEARD BOTH SIDES. AT THE TIME OF HEARIN G, BOTH SIDES CONCEDED THAT THE TAX EFFECT INVOLVED IS LESS THAT RS.3,00,0 00/-. IN VIEW OF CBDT INSTRUCTION, ALL ITS DEPARTMENTAL OFFICERS ARE NOT FORCED TO FIL E APPEAL BEFORE THIS TRIBUNAL WHENEVER TAX EFFECT IS LESS THAN RS.3,00,000/-. TH EREFORE, THE DEPARTMENT OUGHT TO HAVE NOT FILE THE PRESENT APPEAL BEFORE THE TRIB UNAL. IT IS NOT IN DISPUTE THAT CIRCULAR ISSUED BY CBDT IS BINDING ON THE AO. THER EFORE, THIS APPEAL OF REVENUE IS DISMISSED AS NOT MAINTAINABLE. . THIS ORDER HAS BEEN PRONOUNCED IN THE OPEN COURT ON 15 -12-2011. SD/- SD/- (A.L. GEHLOT) (T.K. SHARMA) ACCOUNTANT MEMBER JUDICIAL MEMBER RAJKOT, DT : 15TH DECEMBER, 2011 ITA NO91/RJT/2011 2 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