ITO,Ward 2(2),, Jalgaon v. M/s. Bhavesh Trading Co.,, Jalgaon

ITA 1001/PUN/2009 | 2002-2003
Pronouncement Date: 31-03-2011 | Result: Dismissed

Appeal Details

RSA Number 100124514 RSA 2009
Assessee PAN AADFB0470G
Bench Pune
Appeal Number ITA 1001/PUN/2009
Duration Of Justice 1 year(s) 7 month(s) 11 day(s)
Appellant ITO,Ward 2(2),, Jalgaon
Respondent M/s. Bhavesh Trading Co.,, Jalgaon
Appeal Type Income Tax Appeal
Pronouncement Date 31-03-2011
Appeal Filed By Department
Order Result Dismissed
Bench Allotted B
Tribunal Order Date 31-03-2011
Date Of Final Hearing 29-11-2010
Next Hearing Date 29-11-2010
Assessment Year 2002-2003
Appeal Filed On 19-08-2009
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B PUNE BEFORE SHRI I.C. SUDHIR (JM) AND SHRI D. KARUNAKARA RAO (AM) ITA NO. 1 001 /PN/ 200 9 ( ASSTT. YEAR : 200 2 - 03 ) INCOME - TAX OFFICER WARD 2 ( 2 ) JALGAON. .. APP ELLANT V. M/S. BHAVESH TRADING COMPANY PACHORA ROAD AT. TAKLI POST - OZAR TAL.CHALISGAON DIST.JALGAON P AN : AADFB 0470G . RESPONDENT APP ELLANT BY : SHRI H EMANT KUMAR LEUVA RESPONDENT BY : MS. DEEPA KHARE ORDER PER I.C. SUDHIR J M A T THE OUTSET OF HEARING THE LD. A.R. POINTED OUT THAT THE PRESENT APPEAL PREFERRED BY THE REVENUE HAVING TAX EFFECT BELOW RS. 2 LAKHS IS NOT MAINTAINABLE SINCE IT HAS BEEN PREFERRED IN VIOLATION OF CBDT INSTRUCTION NO. 5/2008 DATED 15.5.2008 READ WITH SECTION 268A OF THE I.T. ACT. 2. THE LD. D.R. DID NOT DISPUTE THIS MATERIAL FACT THAT TAX EFFECT IN THE PRESENT APPEAL IS BELOW RS. 2 LAKHS. HE HOWEVER PLACED RELIANCE ON THE ASSESSMENT ORDER. 3. IN VIEW OF THE ADMITTED FACT THAT TAX EFFECT IN THE PRESENT APPEAL PREFERRED BY THE REVENUE IS B ELOW RS. 2 LAKHS WE ARE OF THE VIEW THAT IT HAS BEEN PREFERRED IN VIOLATION OF CBDT INSTRUCTION NO. 5/2008 DATED 15.5.2008 READ WITH SECTION 268A OF THE I.T. ACT HENCE THE SAME IS NOT MAINTAINABLE. THE APPEAL IS ACCORDINGLY DISMISSED. ITA . NO 1001 /PN /2009 BHAVESH TRADING CO. A.Y. 2002 - 03 2 THE ORDER IS PRO NOUNCED IN THE OPEN COURT ON 31ST MARCH 2011. SD/ - SD/ - ( D. KARUNAKARA RAO ) ACCOUNTANT MEMBER ( I.C. SUDHIR ) JUDICIAL MEMBER PUNE DATED THE 31ST MARCH 20 1 1 US COPY OF THE ORDER IS FORWARDED TO : 1. THE A PP ELLA NT 2. THE RESPONDENT 3 . THE CIT(A) - II NASHIK 4 . THE CIT - II NASHIK 5. THE D.R. B BENCH ITAT PUNE 6. THE GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL PUNE