The DCIT, Circle 2, JUNAGADH v. Shri Rajendra B Zatakiya(HUF), Manavadar

ITA 95/RJT/2011 | 1998-1999
Pronouncement Date: 15-12-2011 | Result: Dismissed

Appeal Details

RSA Number 9524914 RSA 2011
Assessee PAN AAFHR7429P
Bench Rajkot
Appeal Number ITA 95/RJT/2011
Duration Of Justice 9 month(s) 1 day(s)
Appellant The DCIT, Circle 2, JUNAGADH
Respondent Shri Rajendra B Zatakiya(HUF), Manavadar
Appeal Type Income Tax Appeal
Pronouncement Date 15-12-2011
Appeal Filed By Department
Order Result Dismissed
Bench Allotted DB
Tribunal Order Date 15-12-2011
Assessment Year 1998-1999
Appeal Filed On 14-03-2011
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH RAJKOT BEFORE SHRI T.K. SHARMA (JM) AND SHRI A.L. GEHLOT ( AM) I.T.A. NO.95/RJT/2011 (ASSESSMENT YEAR 1998-99) THE D.C.I.T. CIRCLE-2 VS SHRI RAJENDRA B. ZATAKI YA (HUF) JUNAGADH PROP.OF NARENDRA GINNING & PRESSING FACTORY MITADI ROAD MANAVADAR. PAN :AAFHR7429P.. (APPELLANT) (RESPONDENT) DATE OF HEARING : 02-12-2011 DATE OF PRONOUNCEMENT : 15-12-2011 REVENUE BY : SHRI KRISHNA PRABHAKAR D.R. ASSESSEE BY : SHRI J.C. RANPURA C.A. O R D E R PER T.K. SHARMA (JM) THIS APPEAL IS FILED BY THE REVENUE AGAINST THE OR DER DATED 23-12-2010 OF CIT(A)-XXI AHMEDABAD FOR THE ASSESSMENT YEAR 1998- 99 CONFIRMING THE PENALTY OF RS.3 00 000/- LEVIED BY THE AO U/S.271(1)(C) OF THE I.T. ACT 1961. 2. THE ONLY GROUND RAISED IN THIS APPEAL IS AS UNDE R:- (1) THE LD. CIT(A) HAS ERRED IN LAW AND ON FACTS I N DELETING THE PENALTY LEVIED U/S. 271(1)(C) OF RS.3 00 000/- WITHOUT VERI FYING THE FACTS BROUGHT ON RECORDS. 3. WE HAVE HEARD BOTH SIDES. AT THE TIME OF HEARIN G BOTH SIDES CONCEDED THAT THE TAX EFFECT INVOLVED IS LESS THAT RS.3 00 0 00/-. IN VIEW OF CBDT INSTRUCTION ALL ITS DEPARTMENTAL OFFICERS ARE NOT FORCED TO FIL E APPEAL BEFORE THIS TRIBUNAL WHENEVER TAX EFFECT IS LESS THAN RS.3 00 000/-. TH EREFORE THE DEPARTMENT OUGHT TO HAVE NOT FILE THE PRESENT APPEAL BEFORE THE TRIB UNAL. IT IS NOT IN DISPUTE THAT ITA NO95/RJT/2011 2 CIRCULAR ISSUED BY CBDT IS BINDING ON THE AO. THER EFORE THIS APPEAL OF REVENUE IS DISMISSED AS NOT MAINTAINABLE. . THIS ORDER PRONOUNCED IN THE OPEN COURT ON 15-12- 2011. SD/- SD/- (A.L. GEHLOT) (T.K. SHARMA) ACCOUNTANT MEMBER JUDICIAL MEMBER RAJKOT DT : 15 TH DECEMBER 2011 NVA/- COPY TO: 1. ASSESSEE 2. REVENUE 3. THE CIT(A)-XXI AHMEDABAD 4. THE CIT-III RAJKOT 5. THE DR I.T.A.T. RAJKOT (TRUE COPY) BY ORDER ASSTT.REGISTRAR ITAT RAJKOT