Shri Amish Krupesh Patel, Baroda V. The Dy.CIT.,Cent.Circle-1, Baroda

CO 15/AHD/2012

• Counselvise Citation: [2018] 123 COUNSELVISE.COM (IT) 4039 (ITAT-AHMEDABAD)
• Duration Of Justice: 6 year(s) 7 month(s) 1 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 13-08-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 03-07-2017
• Assessment Year: 2008-2009
• Appeal Filed On: 11-01-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: STUTI TRIVEDI
• Assessee Lawyers: B P SRIVASTVA
• Keywords: Gift; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD A BENCH (BEFORE SHRI P. K. KEDIA, ACCOUNTANT MEMBER & SHRI MAHAVIR PRASAD, JUDICIAL MEMBER) IT(SS)A. NO: 621/AHD/2011 & C.O. NO. 15/AHD/2012 (ASSESSMENT YEAR: 2008-09) DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1, BARODA V/S SHRI AMISH KRUPESH PATEL, SURENDRA FARM, MAHAPURA ROAD, SEVASI, BARODA (APPELLANT) (RESPONDENT) PAN: ACUPP1752E APPELLANT BY : SHRI B. P. SRIVASTVA, SR. D.R. RESPONDENT BY : SMT. STUTI, TRIVEDI, A.R. ( )/ ORDER DATE OF HEARING : 16 -07- 2018 DATE OF PRONOUNCEMENT : 13-08-2018 PER MAHAVIR PRASAD, JUDICIAL MEMBER 1. IT(SS)A NO. 621/AHD/2011 & C.O. NO. 15/AHD/2012 ARE APPEAL BY THE REVENUE AND CROSS OBJECTION BY THE ASSESSEE DIRECTE D AGAINST THE ORDER OF THE LD. CIT(A)-IV, AHMEDABAD DATED 02.09.2011 PERTAININ G TO A.Y. 2008-09, ON THE FOLLOWING GROUNDS : IT(SS)A NO. 621/AHD/2011 & C.O. NO. 15 /AHD/2012 . A.Y. 2008-09 2 1. THE LD. CIT(A) HAS ERRED IN LAW AND ON FACTS AND CI RCUMSTANCES OF THE CASE BY DELETING THE ADDITION OF RS. 56,63,475/- ON ACCOUNT OF GIFT RECEIVED IN K IND BY THE ASSESSEE. 2. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE LD. CIT(A) OUGHT TO HAVE UPHELD THE ORDER OF THE ASSESSING OFFICER ON THE ABOVE POINT. 2. AT THE OUTSET, THE LD. COUNSEL FOR THE ASSESSEE SUB MITTED THAT THE PRESENT APPEAL OF THE REVENUE NEEDS TO BE DISMISSED ON ACCOUNT OF LOW TAX EFFECT IN VIEW OF THE RECENT CBDT CIRCULAR NO. 3 OF 2018 DATED 11.07. 2018. LD. DEPARTMENTAL REPRESENTATIVE FAIRLY ADMITTED THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN THE LIMIT PRESCRIBED BY THE AFORESAID CBDT CIR CULAR. 3. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE MATE RIAL AVAILABLE ON RECORD. WE FIND THAT PRIMA-FACIE THIS APPEAL OF THE REVENUE IS NOT MAINTAINABLE IN VIEW OF THE RECENT CBDT CIRCULAR NO. 03/2015 IN F.NO.279 /MISC. 142/2007-ITJ (PT) DATED 11 TH JULY 2018, VIDE WHICH IT HAS BEEN DECIDED BY THE B OARD THAT NO DEPARTMENTAL APPEALS SHOULD BE FILED BEFORE THE TRI BUNAL IF THE TAX EFFECT BY VIRTUE OF THE COMMISSIONER OF INCOME-TAX (APPEALS) S ORDER IS BELOW RS. 20 LACS. THE BOARD HAS PROVIDED EXCEPTIONS AT CLAUSE ( 10) OF THE INSTRUCTIONS WHEREIN IT HAS BEEN PROVIDED THAT THESE INSTRUCTION S WILL NOT BE APPLICABLE, WHERE THE CONSTITUTIONAL VALIDITY OF THE PROVISIONS OF AN ACT/RULE IS UNDER CHALLENGE OR WHERE BOARDS ORDER, NOTIFICATION, INS TRUCTION OR CIRCULAR HAS BEEN HELD TO BE ILLEGAL OR WHERE REVENUE AUDIT OJECTION IN THE CASE HAS BEEN ACCEPTED BY THE DEPARTMENT OR WHERE THE ADDITION RE LATES TO UNDISCLOSED FOREIGN ASSETS/BANK ACCOUNTS, ETC. WE FIND THAT T HE PRESENT CASE DOES NOT FALL WITHIN THE EXCEPTION CLAUSE AND THE TAX IS LESS THA N RS.20 LACS. THEREFORE, THE PRESENT APPEAL IS NOT MAINTAINABLE AND HENCE DISMIS SED. IT(SS)A NO. 621/AHD/2011 & C.O. NO. 15 /AHD/2012 . A.Y. 2008-09 3 4. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS D ISMISSED. 5. SO FAR C.O. NO. 15/AHD/2012 IS CONCERNED, LD. A.R. DOES NOT WANT TO PRESS THE SAME, THEREFORE THE SAME IS DISMISSED AS NOT PR ESSED. ORDER PRONOUNCED IN OPEN COURT ON 13 - 0 8- 2018 SD/- SD/- (P. K. KEDIA) (MAHAVIR PRASAD) ACCOUNTANT MEMBER TRUE COPY JUD ICIAL MEMBER AHMEDABAD: DATED 13/08/2018 RAJESH COPY OF THE ORDER FORWARDED TO: - 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT (APPEALS) 4. THE CIT CONCERNED. 5. THE DR., ITAT, AHMEDABAD. 6. GUARD FILE. BY ORDER DEPUTY/ASSTT.REGISTRAR ITAT,AHME DABAD