The DCIT, Circle 2, JUNAGADH V. Shri Rajendra B Zatakiya(HUF), Manavadar

ITA 95/RJT/2011

• Counselvise Citation: [2011] 119 COUNSELVISE.COM (IT) 7335 (ITAT-RAJKOT)
• Duration Of Justice: 9 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-12-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 1998-1999
• Appeal Filed On: 14-03-2011
• 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. GEHLOT ( AM) I.T.A. NO.95/RJT/2011 (ASSESSMENT YEAR 1998-99) THE D.C.I.T., CIRCLE-2, VS SHRI RAJENDRA B. ZATAKI YA (HUF), JUNAGADH PROP.OF NARENDRA GINNING & PRESSING FACTORY,MITADI ROAD, MANAVADAR. PAN :AAFHR7429P.. (APPELLANT) (RESPONDENT) DATE OF HEARING : 02-12-2011 DATE OF PRONOUNCEMENT : 15-12-2011 REVENUE BY : SHRI KRISHNA PRABHAKAR, D.R. 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 23-12-2010 OF CIT(A)-XXI, AHMEDABAD FOR THE ASSESSMENT YEAR 1998- 99 CONFIRMING THE PENALTY OF RS.3,00,000/- LEVIED BY THE AO U/S.271(1)(C) OF THE I.T. ACT,1961. 2. THE ONLY GROUND RAISED IN THIS APPEAL IS AS UNDE R:- (1) THE LD. CIT(A), HAS ERRED IN LAW AND ON FACTS I N DELETING THE PENALTY LEVIED U/S. 271(1)(C) OF RS.3,00,000/-,WITHOUT VERI FYING THE FACTS BROUGHT ON RECORDS. 3. 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 ITA NO95/RJT/2011 2 CIRCULAR ISSUED BY CBDT IS BINDING ON THE AO. THER EFORE, THIS APPEAL OF REVENUE IS DISMISSED AS NOT MAINTAINABLE. . THIS ORDER PRONOUNCED IN THE OPEN COURT ON 15-12- 2011. SD/- SD/- (A.L. GEHLOT) (T.K. SHARMA) ACCOUNTANT MEMBER JUDICIAL MEMBER RAJKOT, DT : 15 TH , DECEMBER, 2011 NVA/- 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