ITO, Jaipur V. PLANET RETAIL HOLDINGS PVT. LTD., Jaipur

ITA 974/JPR/2011

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 5569 (ITAT-JAIPUR)
• Duration Of Justice: 4 year(s) 1 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-01-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 04-04-2012
• Assessment Year: 2008-2009
• Appeal Filed On: 09-11-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: ALOK MODANI C A DHK
• Keywords: Tax effect
• Section: 201(1)

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 VH-VKJ-EHUK] YS[KK LNL; ,OA JH YFYR DQEKJ] U;KF; D LNL; DS LE{K BEFORE: SHRI T.R.MEENA, AM & SHRI LALIET KUMAR, JM VK;DJ VIHY LA-@ ITA NOS. 974/JP/2011 FU/KZKJ.K O'K Z@ ASSESSMENT YEARS : 2008-09 . THE INCOME TAX OFFICER, WARD TDS-2, JAIPUR. CUKE VS. PLANET RETAIL HOLDINGS PVT. LTD., 7A & 8A, GAURAV TOWER, MALVIYA NAGAR, JAIPUR. LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO. AABCP 7756 L VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT JKTLO DH VKSJ LS@ REVENUE BY : SMT. NEENA JEPH (ADDL.CIT) FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY S BY : SHRI ALOK MODANI (C.A.) LQUOKBZ DH RKJH[K@ DATE OF HEARING : 17.12.2015. ?KKS'K .KK DH RKJH[K @ DATE OF PRONOUNCEMENT : 01/01/2016. VKNS'K@ ORDER PER SHRI LALIET KUMAR, J.M. THE PRESENT APPEAL FILED BY THE REVENUE IS ARISING FROM THE ORDER DATED 29.08.2011 PASSED BY THE LEARNED CIT (A)-III, JAIPU R FOR THE A.Y. 2008-09. THE REVENUE HAS RAISED THE FOLLOWING GROUNDS OF APPEAL :- 1) THE LD. CIT (A) HAS ERRED IN LAW AND ON FACTS IN HO LDING THAT THE ASSESSEE WAS NOT LIABLE TO DEDUCT TAX IGNORING THE FACT THAT AUDITORS OF THE ASSESSEE HAVE POINTED OUT THAT THE TAX WAS N OT DEDUCTED ON RENT AND SOME OF THE EXPENSES. 2) THE LD. CIT (A) HAS ERRED IN LAW AND ON FACTS IN HO LDING THAT SOME OF THE EXPENSES HAVE BEEN REVERSED BY THE ASSESSEE BEFORE THE PASSING OF THE ORDER. THE REVERSAL OF ENTRY IS ONLY AN AFTER THOUGHT OF THE ASSESSEE TO CIRCUMVENT THE TDS PROVISIONS AN D THEREBY ESCAPING TDS LIABILITY AND PENAL INTEREST & PENALTY . 2 ITA NO. 974/JP/2011 A.Y. 2008-09 ITO VS. PLANET RETAIL HOLDINGS PVT. LTD. 2. AFTER HEARING THE RIVAL SUBMISSIONS OF BOTH THE PARTIES AND CONSIDERING THE SAME ALONG WITH ORDERS OF THE AUTHORITIES BELOW, WE NOTE D THAT THE APPEAL FILED BY THE REVENUE RELATE TO DELETION OF PENALTY OF RS. 5,96,0 71/- U/S 201(1) AND RS. 80,824/- U/S 201(1A) OF THE IT ACT FOR NON DEDUCTION OF TAX/SHOR T DEDUCTION/NON DEPOSIT OF TAX TO GOVERNMENT ACCOUNT. IT IS OBSERVED THAT THE TAX EF FECT IN THIS CASE IS LESS THAN RS. 10 LACS. WHEN THE TAX EFFECT IN THE APPEAL OF THE DEPA RTMENT IS LESS THAN RS. 10 LACS, THEN THE SAME IS NOT MAINTAINABLE IN VIEW OF CBDT CIRCUL AR NO. 21 OF 2015 (F. NO. 279/MISC.142/2007-ITJ (PT.) DATED 10.12.2015. 3. AS PER SECTION 268A, NOTIFICATION REFERRED HEREI N ABOVE, IF THE TAX EFFECT IS LESS THAN RS. 10 LACS, THEN THE APPEAL OF THE DEPARTMENT IS LIABLE TO BE DISMISSED BEING NOT MAINTAINABLE/PRESSED. ACCORDINGLY THE APPEAL OF TH E REVENUE /APPELLANT IS DISMISSED ON ACCOUNT OF TAX EFFECT BEING LESS THAN RS. 10 LACS. HOWEVER, THE DISMISSAL OF THE APPEAL WILL NOT BE TREATED AS PRECEDENT IN ANY PROCEEDINGS NOR IT WILL BE CONSIDERED AS AN EXPRESSION ON THE MERITS OF THE CASE. THE REVENUE I S FREE TO FILE ANY OTHER APPEAL ON THE SAME ISSUE BEFORE THIS TRIBUNAL. 4. IN THE RESULT, APPEAL OF REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 01/01/2016 . SD/- SD/- VH-VKJ-EHUK YFYR DQEKJ (T.R. MEENA) (LALIET KUMAR) YS[KK LNL;@ ACCOUNTANT MEMBER U;KF;D LNL;@ JUDICIAL MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 01/01/2016. 3 ITA NO. 974/JP/2011 A.Y. 2008-09 ITO VS. PLANET RETAIL HOLDINGS PVT. LTD. DAS/ VKNS'K DH IZFRFYFI VXZSFKR@ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT- THE ITO WARD TDS-2, JAIPUR. 2. IZR;FKHZ@ THE RESPONDENT- M/S. PLANET RETAIL HOLDINGS PVT. LT D., JAIPUR. 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. 974/JP/2011) VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASST. REGISTRAR 4 ITA NO. 974/JP/2011 A.Y. 2008-09 ITO VS. PLANET RETAIL HOLDINGS PVT. LTD.