ITO, SIROHI V. The Sirohi Sahakari Bhoomi Vikas Bank Ltd., SIROHI

MA 34/JODH/2009

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 8711 (ITAT-JODHPUR)
• Duration Of Justice: 2 year(s) 8 month(s) 7 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 06-07-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 06-07-2012
• Assessment Year: 2005-2006
• Appeal Filed On: 29-10-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: G R KOKANI
• Assessee Lawyers: S K BISSA
• Keywords: Question of law; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL JODHPUR BENCH, JODHPUR BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI A.L. GEHLOT, ACCOUNTANT MEMBER MA NO.34/JU/2009 (IN ITA NO.556/JU/2008) ASSESSMENT YEAR: 2005-06 INCOME TAX OFFICER, VS. THE SIROHI SAHAKARI BHOOM I VIKAS SIROHI. BANK LIMITED, SIROHI. (PAN: AAGCS 1288 M). (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI G.R. KOKANI, D.R. RESPONDENT BY : SHRI S.K. BISSA, A.R. DATE OF HEARING : 06.07.2012 DATE OF PRONOUNCEMENT OF ORDER : 06.07.2012 ORDER PER BHAVNESH SAINI, JUDICIAL MEMBER: THE PRESENT MISCELLANEOUS APPLICATION IS FILED BY THE INCOME-TAX OFFICER, SIROHI AGAINST THE ORDER OF THE TRIBUNAL DATED 27.1 1.2008 PASSED IN ITA NO. 556/JU/2008 . THE TRIBUNAL DISMISSED THE DEPARTMENT AL APPEAL IN LIMINE BECAUSE OF LOW TAX EFFECT, AS THE SAME WAS FILED IN CONTRAV ENTION OF CBDT INSTRUCTION NO. 5/2008 DATED 15.05.2008, WHEREBY THE MONETARY LIMIT OF TAX EFFECT FOR FILING THE DEPARTMENTAL APPEAL BEFORE THE TRIBUNAL HAS BEEN PR ESCRIBED AT RS.200000/-. THE LD. DEPARTMENTAL REPRESENTATIVE ADMITTED THAT THE T AX EFFECT IN THIS APPEAL IS BELOW M.A. NO.34/JU/2009 . 2 RS.2,00,000/-. NO SUBSTANTIAL QUESTION OF LAW IS IN VOLVED IN THIS APPEAL. ACCORDINGLY, THE MISCELLANEOUS APPLICATION FILED BY THE REVENUE IS DISMISSED, AS THERE IS NO MISTAKE APPARENT FROM THE RECORD OF THE TRIBUNAL. 2. IN THE RESULT, THE MISCELLANEOUS APPLICATION OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 06.07.2012. SD/- SD/- (A.L. GEHLOT) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER AKS/* COPY OF THE ORDER FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT (APPEALS) CONCERNED 4. CIT CONCERNED 5. D.R., ITAT, JODHPUR BENCH, JODHPUR 6. GUARD FILE. BY ORDER ASSISTANT REGISTRAR INCOME-TAX APPELLAT E TRIBUNAL, JODHPUR TRUE COPY