Renu Sablok, Agra v. I.T.O.-1(3), Agra

CO 61/AGR/2010 | 2002-2003
Pronouncement Date: 19-07-2011 | Result: Dismissed

Appeal Details

RSA Number 6120323 RSA 2010
Assessee PAN ALQPS0518L
Bench Agra
Appeal Number CO 61/AGR/2010
Duration Of Justice 10 month(s) 23 day(s)
Appellant Renu Sablok, Agra
Respondent I.T.O.-1(3), Agra
Appeal Type Cross Objection
Pronouncement Date 19-07-2011
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted DB
Tribunal Order Date 19-07-2011
Date Of Final Hearing 19-07-2011
Next Hearing Date 19-07-2011
Assessment Year 2002-2003
Appeal Filed On 27-08-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL AGRA BENCH AGRA BEFORE SHRI P.K. BANSAL ACCOUNTANT MEMBER AND SHRI H.S. SIDHU JUDICIAL MEMBER ITA NO.320/AGR/2010 ASST. YEAR: 2002-03 INCOME TAX OFFICER- 1(3) VS. SMT. RENU SABLOK AGRA. 56 PRATIKSHA ENCLAVE DAYALBAGH AGRA. (PAN : ALQPS 0518 L) C.O. NO.61/AGR/2010 (IN ITA NO.320/AGR/2010) ASST. YEAR: 2002-03 SMT. RENU SABLOK VS. INCOME TAX OFFICER- 1(3) 56 PRATIKSHA ENCLAVE AGRA. DAYALBAGH AGRA. (PAN : ALQPS 0518 L) (APPELLANTS) (RESPONDENTS) REVENUE BY : SHRI A.K. SHARMA JR. D.R. ASSESSEE BY : SHRI MAHESH AGARWAL C.A. ORDER PER BENCH : THE APPEAL BY THE REVENUE AND THE CROSS OBJECTION B Y THE ASSESSEE HAVE BEEN FILED AGAINST THE IMPUGNED ORDER DATED 27.04.2 010 PASSED BY THE LD. CIT(A)- I AGRA ON THE FOLLOWING GROUNDS :- GROUNDS IN ITA NO.320/AGR/2010 :- 2 1. THAT THE CIT(A)-I AGRA HAS ERRED IN LAW AND O N FACTS OF THE CASE IN DELETING THE ADDITION OF ` 5 81 162/- MADE ON ACCOUNT OF LONG TERM CAPITAL GAIN ON SALE OF SHARES EVEN WHEN THE A SSESSEE DID NOT DISCHARGE HER ONUS TO PROVE THE GENUINENESS OF SHAR E TRANSACTION RECEIPT; 2. THAT THE ORDER OF CIT(A)-I AGRA IS ERRONEOUS IN LAW AND ON THE FACTS OF THE CASE AND THAT THE ORDER OF THE A.O. BE RESTORED; 3. THAT THE APPELLANT CRAVES LEAVE TO ADD OR DELETE OR ALTER OR MODIFY ANY GROUND DURING THE APPELLATE PROCEEDINGS. 4. THE DEPARTMENT HAS FILED APPEAL BEFORE THE HONB LE ITAT ON IDENTICAL ISSUES IN OTHER CASES. GROUNDS IN C.O. NO.61/AGR/2010 :- 1. THAT THE FIRST NOTICE U/S 148 WHICH WAS RECEIVE D BY THE APPELLANT WAS ISSUED TIME BARRED AS PER THE LIMITAT IONS PRESCRIBED IN THE PROVISIONS OF SECTION 149 OF THE INCOME TAX ACT 1961. 2. THAT INITIATION OF PROCEEDINGS U/S 148 AND ISSUE OF NOTICE THEREON IS INVALID BEING THE PROCEEDINGS INITIATED BIASEDLY WITHOUT HAVING ANY VALID REASON TO BELIEVE BUT MERELY ON HY POTHETICAL IMAGINATIONS AND SELF MADE ASSUMPTIONS THAT THE INC OMES DECLARED BY THE ASSESSEE IN THEIR FILED RETURN OF INCOME ON 30. 07.2002 WAS ESCAPED INCOME AND HENCE ALL PROCEEDINGS THEREAFTER BEING N OT THE VALID PROCEEDINGS LIABLE TO BE QUASHED. IT IS THEREFORE PRAYED THAT THE RELIEF SHOULD BE G IVEN AND THE APPEAL BE ALLOWED AS PRAYED ABOVE. 2. AT THE TIME OF HEARING THE LD. COUNSEL FOR THE ASSESSEE STATED THAT THE TAX EFFECT IN THE PRESENT APPEAL IS LESS THAN ` 2 00 000/- THE SAME IS THEREFORE NOT MAINTAINABLE. THE LD. DEPARTMENTAL REPRESENTATIVE HAS CONCEDED TO THE STATEMENT OF THE LD. COUNSEL FOR THE ASSESSEE AND HAS NOT RAI SED ANY OBJECTION. 3 3. WE HAVE HEARD BOTH THE PARTIES AND NOTED THAT TH E TAX EFFECT IN THE PRESENT APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF TH E CIT(A) IS LESS THAN ` 2 00 000/- AND THE SAME IS IN CONTRAVENTION OF C.B.D.T. INSTRU CTION NO.5 OF 2008 DATED 15.05.2008 WHICH FINDS STATUTORY FORCE UNDER THE PR OVISIONS OF SECTION 268A OF THE INCOME-TAX ACT 1961. THE SAME IS THEREFORE NOT MAINTAINABLE. THE CLAUSE NO.3 OF THE SAID C.B.D.T. INSTRUCTION HAS MADE IT CLEAR THAT APPEAL BEFORE THE TRIBUNAL BY THE REVENUE WILL HENCEFORTH BE FILED WHERE TAX E FFECT EXCEEDS ` 2 00 000/-. THEREFORE IN THE FACTS AND CIRCUMSTANCES OF THE PR ESENT CASE THE APPEAL FILED BY THE REVENUE IS NOT MAINTAINABLE AND THE SAME IS DIS MISSED AS NOT MAINTAINABLE. 4. AS REGARDS TO THE CROSS OBJECTION FILED BY THE A SSESSEE AT THE TIME OF HEARING THE LD. COUNSEL FOR THE ASSESSEE STATED TH AT HE DOES NOT WISH TO PRESS THE CROSS OBJECTION FILED BY THE ASSESSEE AND THEREFOR E THE CROSS OBJECTION FILED BY THE ASSESSEE STANDS DISMISSED AS NOT PRESSED. 5. IN THE RESULT APPEAL FILED BY THE REVENUE AS WE LL AS THE CROSS OBJECTION FILED BY THE ASSESSEE ARE DISMISSED. (ORDER PRONOUNCED IN THE OPEN COURT ON 19.07.2 011). SD/- SD/- (P.K. BANSAL) (H.S. SIDHU) ACCOUNTANT MEMBER JUDICIAL MEMBER PLACE: AGRA DATE: 19 TH JULY 2011 4 PBN/* COPY OF THE ORDER FORWARDED TO: 1. APPELLANT 2. RESPONDENT BY ORDER 3. CIT CONCERNED 4. CIT (APPEALS) CONCERNED 5. DR ITAT AGRA BENCH AGRA 6. GUARD FILE ASSISTANT REGISTRAR INCOME-TAX APPELLATE TRIBUNAL AGRA TRUE COPY