ACIT, Jaipur V. SHRI BANSIDHAR AGARWAL, Jaipur

MA 1/JPR/2014

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 2336 (ITAT-JAIPUR)
• Duration Of Justice: 5 month(s) 9 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 19-09-2014
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 09-04-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL JAIPUR BENCH: JAIPUR (BEFORE SHRI R.P. TOLANI AND SHRI T.R. MEENA) M.A. NO. 01/JP/2014 (ARISING OUT OF I.T.A. NO. 868/JP/2012) ASSTT. YEAR-2007-08 PAN NO. AANPA 6881 E THE A.C.I.T. SHRI BANSIDHAR AGARWAL, CIRCLE-1, JAIPUR VS. PROP. M/S AGARWAL & CO. 1307, KEDIA BHAWAN, GOPAL JI KA RASTA, JAIPUR. (APPELLANT) (RESPONDENT) DEPARTMENT BY :- SHRI RAJESH OJHA. ASSESSEE BY :- SHRI MANISH AGARWAL. DATE OF HEARING : 12/09/2014 DATE OF PRONOUNCEMENT : 19/09/2014 O R D E R PER: T.R. MEENA, A.M. THE REVENUE HAS FILED THIS M.A. AGAINST THE ORDER O F THIS BENCH OF ITAT, JAIPUR IN ITA NO. 868/JP/2012 FOR A.Y. 2007-08, WHI CH WAS PASSED ON 16/01/2014. 2. IN THIS CASE THE REVENUE HAS CLAIMED THAT THE HO NBLE ITAT HAS DISMISSED THE REVENUES APPEAL ON THE GROUND THAT T AX EFFECT IN THE APPEAL IS LESS THAN THREE LACS BY FOLLOWING THE CBDT INSTRUCTIO N NO. 3/2011 BUT IT IS SUBMITTED THAT TAX EFFECT IN THIS CASE IS MORE THAN THREE LACS, THEREFORE, THE MA 01/JP/2014 ACIT VS. SHRI BANSIDHAR AGARWAL, 2 ORDER PASSED BY THE HONBLE ITAT MAY BE RECALLED AND DECIDED THE CASE ON MERIT. 3. THE LEARNED A.R. FAIRLY ACCEPTED THE PROPOSAL OF THE REVENUE. AFTER VERIFYING THE TAX EFFECT PUT FORTH BY THE REVENUE, WE ARE OF THE CONSIDERED VIEW THAT THIS BENCH ORDER DATED 16/01/2014 IS REQUI RED TO BE RECALLED. ACCORDINGLY, THE SAME IS RECALLED. 4. IN THE RESULT, THE PRESENT MISCELLANEOUS APPLICA TION OF THE REVENUE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 19/09/2014. SD/- SD/- (R.P. TOLANI) (T.R. MEENA) JUDICIAL MEMBER ACCOUNTANT MEMBER JAIPUR, DATED : 19 TH SEPTEMBER, 2014 * RANJAN COPY FORWARDED TO :- 1. THE A.C.I.T., CIRCLE-1, JAIPUR. 2. SHRI BANSIDHAR AGARWAL, JAIPUR. 3. THE CIT (A) 4. THE CIT 5. THE D/R GUARD FILE (M.A. NO. 01/JP/2014) BY ORDER, AR ITAT JAIPUR.