ACIT, Ajmer V. SHREE CEMENT LTD., BEAWAR

ITA 961/JPR/2015

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 5098 (ITAT-JAIPUR)
• Duration Of Justice: 7 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-07-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 1996-1997
• Appeal Filed On: 10-12-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R A VERMA
• Keywords: Tax effect

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 HKKXPUN] YS[KK LNL; ,OA JH DQY HKKJR] U;KF;D LNL ; DS LE{K BEFORE:SHRI BHAGCHAND,AM & SHRI KUL BHARAT, JM VK;DJ VIHY LA-@ ITA NO. 961/JP/2015 FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 1996-97 THE ACIT CIRCLE- 2 AJMER CUKE VS. M/S. SHREE CEMENT LTD. BANGUR NAGAR BEAWAR LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO .: AACCS 8796 G VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT JKTLO DH VKSJ LS@ REVENUE BY : SHRI R.A. VERMA, ADDL. CIT FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY :SHRI ANKIT BANSAL, DY. MANAGER (TAXATION) LQUOKBZ DH RKJH[K@ DATE OF HEARING : 28/07/2016 ?KKS'K .KK DH RKJH[K@ DATE OF PRONOUNCEMENT : 29/07/2016 VKNS'K@ ORDER PER BHAGHCHAND, AM THE REVENUE HAS FILED AN APPEAL AGAINST THE ORDER O F THE LD. CIT(A), AJMER DATED 02-09-2015 FOR THE ASSESSMENT Y EAR 1996-97 RAISING THEREIN FOLLOWING GROUNDS OF APPEAL. IN VIEW OF THE FACTS AND CIRCUMSTANCES OF THE CSE , THE LD. CIT(A) AJMER HAS ERRED IN:- 1. CANCELLING THE PENALTY ORDER DATED 22-03-2013 PA SSED BY THE AO WITHOUT CONSIDERING THE FACTS THAT THE AO HA S RIGHTLY LEVIED PENALTY U/S 271(1) OF THE IT AS THE ASSESSEE HAS I NTENTIONALLY FURNISHED INACCURATE PARTICULARS OF INCOME OF INCOM E AND CLAIMED ITA NO. 961/JP/2015 THE ACIT,CIRCLE- 2, AJMER VS. M/S. SHREE CEMENT LTD ., BEAWAR . 2 EXPENSES THERE WERE NOT ALLOWABLE AS PER PROVISION OF I.T. ACT, 1961. 2. CANCELLING THE PENALTY ORDER PASSED BY THE AO DE SPITE THE FACTS THAT THE QUANTUM ADDITION ITSELF WAS CONF IRMED BY THE LD. CIT(A) AND THE HON'BLE I.T. ACT . 2.2 WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSE D THE MATERIALS AVAILABLE ON RECORD. IT IS OBSERVED THAT THE DEMAND / TAX EFFECT IN THE REVENUES APPEAL IN QUESTION IS BELOW RS. 10.00 LA CS . UNDER THE POWERS VESTED BY SEC. 268A(1) OF THE I T ACT, CBDT HAS REC ENTLY ISSUED CIRCULARNO.21 OF 2015 DATED 10.12.2015(F NO. 279/MI SC. 142/2007-ITJ(PT) INSTRUCTING THE AUTHORITIES BELOW DEPARTMENTAL APPEAL SHOULD NOT BE FILED BEFORE ITAT WHERE THE DEMAND/TAX EFFECT DOES NOT EXCEED RS.10 LACS. THE C IRCULAR IS SPECIFICALLY MENTIONED TO BE APPLICABLE FOR ALL PEN DING APPEALS. 2.3 SUBJECT TO SOME EXCEPTIONS, IT IS FURTHER DIRE CTED BY CBDT THAT ALL THE DEPARTMENTAL APPEALS PENDING BEFORE ITAT WHERE THE DEMAND/TAX EFFECT IS LESS THAN 10 LACS SHOULD BE EITHER WITHDR AWN OR NOT PRESSED BY THE DEPARTMENTAL REPRESENTATIVES. 2.4 THE PRESENT APPEAL IS NOT COVERED BY ANY EXCEP TIONS MENTIONED IN THE SAID CBDT CIRCULAR. SINCE THE TAX DEMAND IN DIS PUTE IN THIS DEPARTMENTAL APPEAL IS BELOW THE LIMIT SET OUT BY C BDT FOR THE APPEAL THE ITA NO. 961/JP/2015 THE ACIT,CIRCLE- 2, AJMER VS. M/S. SHREE CEMENT LTD ., BEAWAR . 3 SAME IS NOT MAINTAINABLE IN VIEW OF FORE GOINGS. AC CORDINGLY THE APPEAL OF THE DEPARTMENT IS DISMISSED AS NOT PRESSED/WITHD RAWN. 3.0 IN THE RESULT, APPEAL OF REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 29 /07/20 16 SD/- SD/- DQY HKKJR HKKXPUN (KUL BHARAT) (BHAGCHAND) U;KF;D LNL;@ JUDICIAL MEMBER YS[KK LNL;@ ACCOUNTANT MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 29 /7/ 2016 *MISHRA VKNS'K DH IZFRFYFI VXZSFKR@ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT- THE ACIT , CIRCLE- 2, AJMER 2. IZR;FKHZ@ THE RESPONDENT- M/S. SHREE CEMENT LTD., BEAWAR 3. VK;DJ VK;QDRVIHY ) @ CIT(A), 4. VK;DJ VK;QDR@ CIT, 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ@ DR, ITAT, JAIPUR 6. XKMZ QKBZY@ GUARD FILE (ITA NO.961/JP/2015) VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASSISTANT. REGISTRAR