THE DCIT, Circle-5(1), Bhopal V. M/S. S.A. Trading & Investment Pvt. Ltd., Bhopal

MA 32/IND/2015

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 4041 (ITAT-INDORE)
• Duration Of Justice: 5 month(s) 16 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 04-03-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2005-2006
• Appeal Filed On: 18-09-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R A VERMA
• Assessee Lawyers: S S DESH
• Keywords: Audit objection; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, INDORE BENCH, INDORE BEFORE SHRI D.T. GARASIA, JUDICIAL MEMBER AND SHRI B.C.MEENA, ACCOUNTANT MEMBER M.A.NO.32/IND/2015 (ARISING OUT OF I.T.A.NO.96/IND/2014 A.Y. : 2005-06. DY. CIT, CIRCLE 5(1), BHOPAL M/S. S. A. TRADING & INVESTMENT PVT.LTD., BHOPAL VS APPLICANT RESPONDENT PAN NO. AAECS7674K APP LICANT BY : SHRI R. A. VERMA, DR RESPONDENT BY : SHRI S. S. DESHPANDE, CA O R D E R PER D.T.GARASIA, J.M. THIS MISC. APPLICATION U/S 254(2) OF THE INCOME-TA X ACT, 1961, IS FILED BY THE REVENUE, WHICH ARISES OUT OF ORDER IN I.T.A.NO. 491/IND/2014 DATED 16.04.2014. DATE OF HEARING : 04 .0 3 .2016 DATE OF PRONOUNCEMENT : 04 .0 3 .2016 DY. CIT VS. BHOPAL VS. M/S. S.A. TRADING & INVESTME NT PRIVATE LIMITED, BHOPAL - M.A. NO.32/IND/2015 A.Y. 2005-06 2 2 2. THE LD. DR. SUBMITTED THAT AS PER C. B.D.T. CIRCULA R IF THE TAX EFFECT IS LESS THAN RS. 10 LAKHS, THEN NO A PPEAL SHOULD BE FILED BY THE DEPARTMENT, BUT IN THE INSTANT CASE , THERE IS AN AUDIT OBJECTION, WHICH HAS BEEN ACCEPTED BY THE DEP ARTMENT AND THE SAME IS UNDER CHALLENGE. THEREFORE, THE APP EAL IS DISMISSED ON THE GROUND OF LOW TAX EFFECT, NOT MAIN TAINABLE AND APPEAL SHOULD BE DECIDED ON MERIT. 3. HAVING HEARD THE LD. DR, WE HAVE GONE THROUGH THE ORDER OF THE CIT(A) AND THE LD. DR WAS ASKED TO EXP LAIN WHY THIS AUDIT OBJECTION HAS BEEN ACCEPTED BY THE DEPAR TMENT. THE LD. DR COULD NOT POINT OUT ANYTHING BEFORE THE BENC H. THEREFORE, WHEN NOTHING WAS POINTED OUT BY THE DEPA RTMENT, SIMPLY ON THE BASIS OF READING THE CIRCULAR, WE CAN NOT DECIDE THE APPEAL ON MERIT. MOREOVER, IN I.T.A.NO. 96/IND/ 2014, THE DEPARTMENT HAS NOT TAKEN THIS GROUND BEFORE US THAT WHAT ARE THE EXCEPTIONAL CIRCUMSTANCES AS STATED IN THE C.B. D.T. CIRCULAR, BUT THE DEPARTMENT HAS NOT TAKEN THIS GRO UND BEFORE US. THEREFORE, WHEN THE APPEAL IS DISMISSED SIMPLY ON THE DY. CIT VS. BHOPAL VS. M/S. S.A. TRADING & INVESTME NT PRIVATE LIMITED, BHOPAL - M.A. NO.32/IND/2015 A.Y. 2005-06 3 3 GROUND OF LOW TAX EFFECT AND WHEN THE DEPARTMENT IS MISERABLY FAILED TO EXPLAIN THE EXCEPTIONAL CIRCUMSTANCES BEF ORE US, THEREAFTER, FILING THE MISC. APPLICATION WHICH IS O NLY AN AFTER THOUGHT AND THE DEPARTMENT SHOULD NOT FILE THE MISC . APPLICATION. HENCE, WE DISMISS THE MISC. APPLICATIO N FILED BY THE REVENUE. 4. IN THE RESULT, THE M.A. FILED BY THE REVENUE IS DISMISSED. THIS ORDER HAS BEEN PRONOUNCED IN THE OPEN COURT ON 4 TH MARCH, 2016. SD/- (B.C.MEENA) ACCOUNTANT MEMBER SD/- ( D.T.GARASIA) JUDICIAL MEMBER DATED : 4 TH MARCH, 2016. CPU*