The ITO, Ward-5(4), Baroda v. M/s. Ismailbhai & Sons,, Baroda

ITA 690/AHD/2005 | 2001-2002
Pronouncement Date: 07-01-2010 | Result: Dismissed

Appeal Details

RSA Number 69020514 RSA 2005
Bench Ahmedabad
Appeal Number ITA 690/AHD/2005
Duration Of Justice 4 year(s) 10 month(s) 3 day(s)
Appellant The ITO, Ward-5(4), Baroda
Respondent M/s. Ismailbhai & Sons,, Baroda
Appeal Type Income Tax Appeal
Pronouncement Date 07-01-2010
Appeal Filed By Department
Order Result Dismissed
Bench Allotted C
Tribunal Order Date 07-01-2010
Date Of Final Hearing 07-01-2010
Next Hearing Date 07-01-2010
Assessment Year 2001-2002
Appeal Filed On 04-03-2005
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH C BEFORE SHRI BHAVNESH SAINI JUDICIAL MEMBER AND SHRI A.N. PAHUJA ACCOUNTANT MEMBER DATE OF HEARING : 07/01/10 DRAFTED ON: 07/01/ 10 ITA NO.690/AHD/2005 ASSESSMENT YEAR : 2001-02 THE INCOME TAX OFFICER WARD-5(4) BARODA VS. M/S.ISMAILBHAI & SONS NASWADI DIST: BARODA PAN/GIR NO. : AAAF 14893 H (APPELLANT) .. (RESPONDENT) AND CO NO.103/AHD/2005 ( ARISING OUT OF ITA NO.690/AHD/2005 ) ASSESSMENT YEAR 2001-02 M/S.ISMAILBHAI & SONS VS. THE ITO BARODA WARD-5(4) BARODA (APPLICANT) .. (RESPOND ENT) ASSESSEE BY: SHRI S.N. DIVATIA REVENUE BY: SHRI M.C.PANDIT SR.D.R. O R D E R PER BHAVNESH SAINI JUDICIAL MEMBER: THE DEPARTMENTAL APPEAL AS WELL AS CROSS OBJECTIO N ARE DIRECTED AGAINST THE ORDER OF THE LD.CIT(APPEALS)-II BAROD A DATED 01/12/2004 PASSED FOR ASSESSMENT YEAR 2001-02. 2. WE HAVE HEARD THE LEARNED REPRESENTATIVES OF BOT H THE PARTIES AND PERUSED THE FINDINGS OF THE AUTHORITIES BELOW. ITA NO.690/AHD/2005(BY REVENUE) AND CO 103/AHD/2005(BY ASSESSEE) ASST.YEAR 2001-02 - 2 - 3. THE DEPARTMENT IS IN APPEAL CHALLENGING THE RED UCING OF THE ADDITION ON ACCOUNT OF LOW GROSS PROFIT AMOUNTING T O RS.5 40 610/- TO RS.60 000/-. IT THEREFORE APPEARS THAT THE TAX EFF ECT IN THE DEPARTMENTAL APPEAL IS BELOW RS.2 LACS ON THE GROUND OF APPEAL S O RAISED. THE LEARNED DEPARTMENTAL REPRESENTATIVE DID NOT DISPUTE THIS FA CT. AS PER RECENT CBDT INSTRUCTIONS THE DEPARTMENT COULD PREFER APPEAL BE FORE THE TRIBUNAL IF THE TAX EFFECT EXCEEDS MONETARY LIMIT OF RS.2 LACS. D EPARTMENTAL INSTRUCTIONS ARE BINDING ON THE TAX AUTHORITIES. SO NO QUESTI ON OF LAW ARISES IN THE DEPARTMENTAL APPEAL. THE DEPARTMENTAL APPEAL IS THEREFORE LIABLE TO BE DISMISSED IN LIMINE ON THIS GROUND ALONE ITSELF. THE LD. COUNSEL FOR THE ASSESSEE DID NOT PRESS THE CROSS OBJECTION THE SA ME IS ACCORDINGLY DISMISSED. 4. IN VIEW OF THIS MATTER THE DEPARTMENTAL APPEAL AS WELL AS CROSS OBJECTION ARE DISMISSED. ORDER PRONOUNCED IN THE COURT ON 07/01/2010. SD/- SD/- ( A.N. PAHUJA ) ( BHA VNESH SAINI ) ACOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD; DATED 07/01/2010 T.C. NAIR ITA NO.690/AHD/2005(BY REVENUE) AND CO 103/AHD/2005(BY ASSESSEE) ASST.YEAR 2001-02 - 3 - COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT-ASSESSEE 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE LD. CIT(APPEALS)-II BARODA 5. THE DR AHMEDABAD BENCH 6. THE GUARD FILE. BY ORDER //TRUE COPY// (DY./ASSTT.REGISTRAR) ITAT AHMEDABAD