THE ACIT, 1(1), Ujjain V. SHRI RAKHAB CHAND JAIN, Agar

MA 13/IND/2017

• Counselvise Citation: [2017] 124 COUNSELVISE.COM (IT) 5605 (ITAT-INDORE)
• Duration Of Justice: 3 month(s) 20 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 24-05-2017
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 19-05-2017
• Assessment Year: 2010-2011
• Appeal Filed On: 03-02-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MOHD JAVED
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL, INDORE BENCH, INDORE . . , . . , BEFORE SHRI C.M.GARG, JUDICIAL MEMBER AND SHRI O.P.MEENA, ACCOUNTANT MEMBER ACIT-1(1), UJJAIN V. SHRI RAKHAB CHAND JAIN, 27 HATPURA, AGAR MALWA, AGAR / APPELLANT / RESPONDENT . . ./ PAN:ADKPJ4754H / APPELLANT BY SHRI MOHD. JAVED, SR. DR / RESPONDENT BY SHRI SHARAD JAIN, CA / DATE OF HEARING 19.05.2017 / DATE OF PRONOUNCEMENT 24.05.2017 / O R D E R PER O.P. MEENA, ACCOUNTANT MEMBER. THROUGH THIS MISC. APPLICATION, THE REVENUE HAS POI NTED OUT THAT THE TRIBUNAL HAS DISMISSED THE REVENUES APPEAL ON THE GROUND OF LOW TAX EFFECT VIDE ORDER DATED 26.07.2016 IN I.T.A . NO. 433/IND/2014 FOR ASSESSMENT YEAR 2010-11. THE LD. S R. DR. SUBMITTED THAT THE AO HAS POINTED OUT THAT REVENUE HAS M.A. NO.13/IND/2017 ARISING OUT .../ I.T.A. NO.433/IND/2014 &( ( / ASSESSMENT YEAR:2010-11 RAKHAB CHAND JAIN/MANO.13/IND/2017 ARISING OUT OF I TA NO.433/ IND/2014/A.Y.:10-11 PAGE 2 OF 2 CONTESTED THIS APPEAL ON ACCOUNT OF DELETION OF ADD ITION OF RS. 19,12,019/- FOR NON-DEDUCTION OF TDS AND RS. 17 LAC S. ON ACCOUNT OF DIESEL EXPENSES. THE TAX EFFECT IN THIS CASE IS MORE THAN RS. 10 LACS. I.E. 11,58,756/- THEREFORE, THERE IS AN APPARENT MISTAKE OF THE ORDER OF THE TRIBUNAL IN DISMISSING THE APPEAL ON ACCOUNT OF APPEAL MONITORING LIMITS. THIS WAS BROUG HT TO THE NOTICE OF THE LD. COUNSEL OF THE ASSESSEE WHO HAS A LSO ADMITTED THAT TAX EFFECT OF THE CASE IS MORE THAN RS. 10 LAC S OF THE CASE, THEREFORE, HAVE NO OBJECTION IF THE MATTER IS RECAL LED. IN THE LIGHT OF ABOVE WE RECALL THIS APPEAL OF THE REVENUE AND R ESTORE IMPUGNED APPEAL ON THE ROLLS OF REGISTER FOR HEARIN G THEREOF ON MERITS ACCORDINGLY, THE REGULAR DATE OF HEARING IS FIXED ON 10.08.2017 WHICH HAS BEEN BROUGHT TO THE NOTICE OF THE PARTY AND NO REGULAR FURTHER NOTICE FOR HEARING WOULD BE ISSUED. 2. IN THE RESULT, MISC. APPLICATION FILED BY THE RE VENUE STANDS ALLOWED. 3. THE ORDER PRONOUNCED IN THE OPEN COURT ON 24.05.2017 SD/- SD/- ( .. ) /(C.M. GARG) (..) /(O.P.MEENA) /JUDICIAL MEMBER /ACCOUNTANT MEMBER DATED: 24 TH MAY, 2017 SB*