Income Tax Officer-I, Bahraich V. Shri Ijhar Ahmad Shah, Bahraich

MA 18/LKW/2013

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 1865 (ITAT-LUCKNOW)
• Duration Of Justice: 7 month(s) 12 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 29-04-2014
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 24-04-2014
• Assessment Year: 2009-2010
• Appeal Filed On: 16-09-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ALOK MITRA
• Assessee Lawyers: A R SHUKLA
• Keywords: Unexplained investment; Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH A , LUCKNOW BEFORE SHRI S UNIL KUMAR YADAV , JUDICIAL MEMBER AND SHRI. A. K. GARODIA , ACCOUNTANT MEMBER M.A. NO.18/LKW/2013 [IN ITA NO. 406/LKW/2012] ASSESSMENT YEAR: 2009 - 10 INCOME TAX OFFICER I BAHRAICH V. SHRI. JIHAR AHMAD SHAH PROP. M/S AWADH TRADERS BAHRAICH PAN: AYPPS7384A (APP LIC ANT) (RESPONDENT) APP LIC ANT BY: SHRI. ALOK MITRA, D.R. RESPONDENT BY: SHRI. A. R. SHUKLA, ADVOCATE DATE OF HEARING: 24.04.2014 DATE OF PRONOUNCEMENT: 29 .0 4.2014 O R D E R PER SUNIL KUMAR YADAV: THIS MISCELLANEOUS APPLICATION IS PREFERRED BY THE REVENUE A GAINST THE ORDER OF THE TRIBUNAL DATED 21.3.2013 IN ITA NO.406/LKW/2012 WITH THE SUBMISSION THAT THE TAX EFFECT IN THIS APPEAL IS MORE THAN RS.3 LAK HS, BUT THE TRIBUNAL HAS DISMISSED THE APPEAL OF THE REVENUE ON THE GROUND THAT THE TAX EFFECT IN THIS APPEAL IS LESS THAN RS.3 LAKHS, FOLLOWING THE DIRECTIONS OF THE BOARD. THE LD. D.R., SHRI. ALOK MITRA HAS POINTED OUT THAT BEFORE THE TRIBUNAL THE REVEN UE HAS CHALLENGED THE ENTIRE ORDER OF THE LD. CIT(A) WITH A REQUEST TO SET ASIDE THE ORDER OF THE LD. CIT(A) AND TO RESTORE THE ORDER OF THE ASSESSING OFFICER. THE LD. CIT(A) HAS GRANTED RELIEF TO THE ASSESSEE MAINLY ON TWO ISSUES ONE IS WITH REGARD PRINT TO PDF WITHOUT THIS MESSAGE BY PURCHASING NOVAPDF ( HTTP://WWW.NOVAPDF.COM/ ) : - 2 - : TO THE REDUCTION IN PROFIT AND THE OTHER IS WITH REGARD TO THE DELETION OF ADDITION OF RS.5 LAKHS MADE ON ACCOUNT OF UNEXPLAINED INVESTMENT. THE RELIEF GRANTED BY THE LD. CIT(A) UNDER THE HEAD ESTIMATION OF NET PROFIT RATE WAS AT RS.9,25,635/ - AND THE DELET ION OF ADDITION MADE ON ACCOUNT OF INVESTMENT WAS AT RS.5 LAKHS. THEREFORE, IN THE ENTIRE APPEAL, THE TOTAL RELIEF GRANTED BY THE LD. CIT(A) WAS OF RS.14,25,634/ - , ON WHICH TAX EFFECT IS MORE THAN RS.3 LAKHS. THEREFORE, THE TRIBUNAL HAS WRONGLY OBSERVED THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.3 LAKHS AND DISMISSED THE APPEAL OF THE REVENUE. 2 . THE LD. COUNSEL FOR THE ASSESSEE, ON THE OTHER HAND, HAS INVITED OUR ATTENTION TO COLUMN 12 OF FORM NO.36 WITH THE SUBMISSION THAT THE REVENUE ITSE LF HAS CLAIMED RELIEF IN THE APPEAL AT RS.9,25,634/ - , THEREFORE, THE TAX EFFECT IS LESS THAN RS.3 LAKHS. HE ACCORDINGLY SUPPORTED THE ORDER OF THE TRIBUNAL DATED 21.3.2013. 3 . HAVING GIVEN A THOUGHTFUL CONSIDERATION TO THE RIVAL SUBMISSIONS AND FROM A CAREFU L PERUSAL OF THE MISCELLANEOUS APPLICATION VIS - - VIS THE ORDER OF THE TRIBUNAL DATED 21.3.2013 AND THE ORDERS OF THE LOWER AUTHORITIES, WE FIND THAT THE TOTAL RELIEF GRANTED BY THE LD. CIT(A) WAS OF RS.14,25,634/ - AND THE ENTIRE ORDER OF THE LD. CIT(A) WAS CHALLENGED BEFORE THE TRIBUNAL BY RAISING A SPECIFIC GROUND THAT THE RELIEF ALLOWED BY THE LD. CIT(A) II, LUCKNOW MAY BE REJECTED AND THE ORDER PASSED BY THE ASSESSING OFFICER UNDER SECTION 143(3) OF THE INCOME - TAX ACT, 1961 MAY KINDLY BE RESTORED. SIN CE THE ENTIRE RELIEF GRANTED BY THE LD. CIT(A) IS CHALLENGED BEFORE THE TRIBUNAL, THE TAX EFFECT INVOLVED IN THIS APPEAL IS MORE THAN RS.3 LAKHS. WE ARE, THEREFORE, OF THE VIEW THAT THE TRIBUNAL HAS INADVERTENTLY OBSERVED THAT THE TAX EFFECT INVOLVED IN T HE REVENUES APPEAL IS LESS THAN RS.3 LAKHS AND DISMISSED THE APPEAL OF THE REVENUE. SINCE THE TAX EFFECT INVOLVED IN THIS APPEAL IS MORE THAN RS.3 LAKHS, WE RECALL OUR PRINT TO PDF WITHOUT THIS MESSAGE BY PURCHASING NOVAPDF ( HTTP://WWW.NOVAPDF.COM/ ) : - 3 - : ORDER DATED 21.3.2013 AND DIRECT THE REGISTRY TO REFIX THE APPEAL FOR HEARING ON MERIT . 4 . IN THE RESULT, MISCELLANEOUS APPLICATION OF THE REVENUE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 29.4.2014. SD/ - SD/ - [ A. K. GARODIA ] [ S UNIL KUMAR Y ADAV ] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 29 TH APRIL, 2014 JJ: 2404 COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT(A) 4 . CIT 5 . DR ASSISTANT REGISTRAR PRINT TO PDF WITHOUT THIS MESSAGE BY PURCHASING NOVAPDF ( HTTP://WWW.NOVAPDF.COM/ )