The ACIT, 1(2), Bhopal V. Shri Ashok Nanda, Bhopal

ITSSA 384/IND/2012

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 7311 (ITAT-INDORE)
• Duration Of Justice: 2 year(s) 2 month(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 31-10-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2007-2008
• Appeal Filed On: 31-08-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: LALCHAND
• Assessee Lawyers: H P VERMA; N D PATWA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL INDORE BENCH, INDORE BEFORE SHRI P.K. BANSAL, HONBLE ACCOUNTANT MEMBER AND SHRI MUKUL SHRAWAT, HONBLE JUDICIAL MEMBER IT(SS) NO. 384/IND/2012 : (ASST. YEAR : 2007 - 08) ASSTT. COMMISSIONER OF INCOME TAX 1(2), BHOPAL (APPELLANT) VS. SHRI ASHOK NANDA 71 - H, SHAKTI NAGAR, BHOPAL PAN : AAMPN0503D ( RESPONDENT ) ASSESSEE BY : H.P. VERMA & N.D. PATWA, ADV. REVENUE BY : LAL CHAND , CIT DR DATE OF HEARING : 08 /0 9 /2014 DATE OF PRONOUNCEMENT : 31 / 10 /2014 O R D E R PER P.K. BANSAL 1. THIS APPEAL HAS BEEN FILED BY THE REVENUE AGAINST THE ORDER OF CIT(A) BY TAKING THE FOLLOWING ONLY EFFECTIVE GROUND OF APPEAL : ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE LD. CIT(A) HAS ERRED IN : DELETING THE ADDITION OF RS.2,35,000/ - MADE BY THE AO AS CASH PAYMENT TO OTHERS BY THE ASSESSEE. 2. AT THE OUTSET, THE LD. AR POINTED OUT THAT THE TAX EFFECT IN THIS APPEAL IS LESS THAN RS. 4 LACS, THEREFORE, THE APPEAL SHOULD NOT BE ADMITTED. THE LD. DR ON THE OTHER HAND CONTENDED THAT THE CASE OF THE ASSESSEE FALLS WITHIN THE EXCEPTION AS THE APPEAL O F THE ASSESSEE FOR THIS YEAR HAS NOT BEEN DISPOSED OFF BY COMPOSITE ORDER DT. 26.6.2012 BUT ON A QUERY FROM THE BENCH WHETHER THE SAME ISSUE HAS ARISEN IN THE OTHER YEAR BY DRAWING ATTENTION OF THE LD. DR TO THE INSTRUCTIONS NO. 5/2012 ISSUED BY THE CBDT O N 10.7.2014 THAT FOR FALLING WITHIN 2 IT(SS) NO. 384/IND/2012 (ASST. YEAR : 2007 - 08) THE EXCEPTION IT IS NECESSARY THAT NOT ONLY THE APPEAL SHOULD BE DISPOSED OFF BY A COMPOSITE ORDER BUT THE IMPUGNED ISSUE SHOULD HAVE ARISEN IN THE OTHER YEAR ALSO, THE LD. DR WAS FAIR ENOUGH TO CONCEDE THE POSITION. SI NCE THE TAX EFFECT IN ANY CASE IS LESS THAN RS. 3 LACS AND EVEN THE CAS E OF THE ASSESSEE IS COVERED BY THE EARLIER INSTRUCTION NO. 3/2011 WHICH W AS PREVAILING PRIOR TO 10.7.2014, WE, THEREFORE, DISMISS THIS APPEAL AS NOT ADMITTED. 3. IN THE RESULT, THE APPEAL FILED BY THE REVENUE STANDS DISMISSED. 4. ORDER PRONOUNCED IN PURSUANCE OF RULE 34(4) OF ITAT RULES, 1963 BY PUTTING ON NOTICE BOARD OF THE BENCH AT INDORE ON 31 / 10 /201 4 . SD/ - ( MUKUL SHRAWAT ) JUDICIAL MEMBER SD/ - (P .K. BANSAL) ACCOUNTANT MEMBER DATED : 31 / 10 /201 4 *SSL* COPY TO : (1) APPELLANT (2) RESPONDENT (3) CIT CONCERNED (4) CIT(A) CONCERNED (5) D.R (6) GUARD FILE TRUE COPY, BY ORDER