Assistant Commissioner of Income Tax, V. M.P.Minerals Limited(Now M.P. Minerals Pvt. Ltd..),

ITSSA 147/JAB/2014

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 0004 (ITAT-JABALPUR)
• Duration Of Justice: 4 year(s) 10 month(s) 10 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 02-04-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2007-2008
• Appeal Filed On: 22-05-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P D CHOUGALE
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL JABALPUR BENCH , JABALPUR BEFORE SHRI A. D. JAIN, VICE PRESIDENT AND SHRI T. S. KAPOOR, ACCOUNTANT MEMBER IT (SS) A NO. 145 TO 150 /JAB/2014 ASSESSMENT YEAR: 2004 - 05 TO 2010 - 11 ASSTT. C.I.T. CIRCLE, KATNI V. M.P. M INERALS PVT. LTD. 26, COMMERCIAL COMPLEX HOUSING BOARD COLONY, KATNI T AN /PAN : AAACM0942L (APP ELL ANT) (RESPONDENT) C.O. NO.57 TO 62 /JAB/2014 [IN IT (SS) A NO. 145/JAB/2014] ASSESSMENT YEAR: 2004 - 05 TO 2010 - 11 M.P. MINERALS PVT. LTD. 26, COMMERCIAL C OMPLEX HOUSING BOARD COLONY, KATNI V. ASSTT. C.I.T. CIRCLE, KATNI T AN /PAN : AAACM0942L ( CROSS OBJECTOR ) (RESPONDENT) DEPARTMENT BY: SHRI P. D. CHOUGALE, D.R. ASSESSEE BY; SHRI VIJAY GUPTA, C.A. DATE OF HEARING: 01 04 201 9 DATE OF PRONOUNCEMENT: 02 04 201 9 O R D E R PER A. D. JAIN, V.P . : TH ESE ARE REVENUES APPEAL S AGAINST A COMMON ORDER OF THE LD. C.I.T.(A) - I, JABALPUR, BOTH DATED 23/1/2014, FOR THE ASSESSMENT YEARS 2004 - 05 TO 2010 - 11 . THE ASSESSEE HAS ALSO FILED CROSS OBJECTION S IN SUPPORT OF THE ORDER S OF THE LD. CIT(A). 2. AT THE TIME OF HEARING, IT WAS BROUGHT TO OUR NOTICE THAT THE DEPARTMENT HAS MOVED AN APPLICATION DATED 14/3/2019 FOR WITHDRAWAL IT(SS)A NO.145 TO 150 /JAB/2014 & C.O. NO.57 TO 62/ JAB/2014 PAGE 2 OF 2 OF THE APPEAL S IN VIEW OF CIRCULAR NO.3/2018 DATED 11/7/2018 ISSUED BY THE C.B.D.T., AS PER WH ICH NO APPEAL SHOULD BE FILED BEFORE THE TRIBUNAL IN CASE THE TAX EFFECT DOES NOT EXCEED RS.20 LAKHS, WHICH WILL APPLY EVEN TO THE PENDING APPEALS. THE LD. D.R., THEREFORE, REQUESTED FOR WITHDRAWAL OF THE APPEAL S , TO WHICH THE LD. A.R. OF THE ASSESSEE HAS NO OBJECTION. IN THE LIGHT OF THE REQUEST OF THE LD. D.R., THE APPEAL S ARE DISMISSED AS WITHDRAWN. 3. SINCE WE HAVE DISMISSED THE APPEAL S OF THE REVENUE, THE CROSS OBJECTION S FILED BY THE ASSESSEE, WHICH ARE IN SUPPORT OF THE ORDER S OF THE LD. CIT(A), HA VE BECOME INFRUCTUOUS AND HENCE THE SAME ARE DISMISSED AS INFRUCTUOUS. 4 . IN THE RESULT, THE APPEAL S OF THE REVENUE AND CROSS OBJECTION S OF THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 02 / 0 4 /201 9 . SD/ - SD/ - [ T. S. KAPOOR ] [ A. D. J AIN ] ACCOUNTANT MEMBER VICE PRESIDENT DATED: 02 /0 4 / 201 9 JJ: 0104 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT(A) 4. CIT 5. DR