Shri Shailesh J. Jogani, Surat V. The Dy.CIT., Circle-6, Surat

CO 77/AHD/2012

• Counselvise Citation: [2016] 123 COUNSELVISE.COM (IT) 1999 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 10 month(s) 29 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 01-03-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 01-03-2016
• Assessment Year: 2007-2008
• Appeal Filed On: 02-04-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 6

Judgement Text

ITA NO. 441 /AHD/2012 & CO NO.77 AHD 2012 ASSESSMENT YEAR: 200 7 - 08 PAGE 1 OF 3 IN THE INCOME TAX APPELLATE TRIBUNAL, AHMEDABAD C BENCH, AHMEDABAD [CORAM : PRAMOD KUMAR AM AND S S GODARA JM ] ITA NO . 44 1 /AHD/ 20 1 2 ASSESSMENT YEAR : 200 7 - 0 8 DY. COMMISSIONER OF INCOME TAX .. .APPELLANT CIRCLE - 6, SURAT. VS. SHAI LESH J. JOGANI, .. . RESPONDENT 304, RIKHAV CHAMBERS, OPP. MOTI BAUG, M AHIDHARPURA, SURAT. [PA N: A EBPJ 3548 M ] C.O. NO.77/AHD/2012 (IN ITA NO .441/AHD/2012) ASSESSMENT YEAR: 2007 - 08 SHAILESH J. JOGANI, .. .APPELLANT 30 4, RIKHAV CHAMBERS, OPP. MOTI BAUG, MAHIDHARPURA, SURAT. [PA N: A EBPJ 3548 M ] VS. DY. COMMISSIONER OF INCOME TAX .. . RESPONDENT CIRCLE - 6, SURAT. APPEARANCES BY: LALA PHILIPS , FOR THE ASSESSING OFFICER PARIN SHAH , FOR THE ASSESSEE D ATE OF C ONCLUDING THE HEARING : MARCH 1 ST , 201 6 DATE OF PRONOUNCING THE ORDER : MARCH 1 ST , 201 6 O R D E R PER PRAMOD KUMAR , AM : ITA NO. 441 /AHD/2012 & CO NO.77 AHD 2012 ASSESSMENT YEAR: 200 7 - 08 PAGE 2 OF 3 1. BY WAY OF THIS APPEAL, THE ASSESSING OFFICER HAS CHALLENGED CORRECTNESS OF THE ORDER DATED 20 TH OCTOBER, 2011 , P ASSED BY THE LD. CIT(A), FOR THE ASSESSMENT YEAR 200 7 - 08 , ON THE FOLLOWING GROUNDS : - 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF TH E CASE AND IN LAW, THE C IT(A) - IV, SURAT HA S ERRED IN DELETING THE ADDITION ON ACCOUNT OF INCOME FROM HOUSE PROPERTY INTER A LIA NOTIONAL RENT OF THE PROPERTY OF RS.10,29,969/ - MADE BY THE ASSESSING OFFICER. 2. ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW, THE CIT(A) - IV, SURAT OUGHT TO HAVE UPHELD THE ORDER OF THE ASSESSING OFFICER. 4. IT IS, THEREFORE, PRAYED THA T THE ORDER OF THE CIT - IV, SURAT MAY BE SET - ASIDE AND THAT OF THE ASSESSING OFFICER RESTORED. 2. WE HAVE NOTICED THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.10,00,000/ - . IN VIEW OF THIS UNDISPUTED FACT AND IN THE LIGHT OF CBDT CIRCULAR NO.21/2015 DATED 10 TH DECEMBER, 2015, WE ARE OF THE CONSIDERED VIEW THAT THIS APPEAL IS LIABLE TO BE DISMISSED AS WITHDRAWN FOR THE SIMPLE REASON THAT TAX EFFECT INVOLVED IN THE APPEAL IS LESS THAN RS.10,00,000/ - . 3. IN THE RESULT, THE APPEAL IS DISMISSED . 4. IN THE CROSS OBJECTION, THE ASSESSEE HAS RAISED THE FOLLOWING GRIEVANCES: - 1. ON THE FACT AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW THE LD . CIT(A) HAS RIGHTLY DELETED THE ADDITION MADE BY LD . AO ON ACCOUNT OF NOTIONAL RENT OF THE PROPERTY AMO UNTING TO R S.10,29,969/ - AS INCOME FROM HOUSE PROPERTY. 2. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW, THE ORDER OF THE LD. AO IS NOT ENTITLED TO BE RESTORED. 5 . AT THE TIME OF HEARING, LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT HE DOES NOT WISH TO PRESS THE GROUNDS RAISE D IN THE CROSS OBJECTION. THE CROSS OBJECTION FILED BY THE ASSESSEE IS , THEREFORE , DISMISSED AS NOT PRESSED. ITA NO. 441 /AHD/2012 & CO NO.77 AHD 2012 ASSESSMENT YEAR: 200 7 - 08 PAGE 3 OF 3 6. IN THE RESULT, APPEAL FILED BY THE REVENUE AND CROSS OBJECTION FILED BY THE ASSESSEE, BOTH ARE DI SMISSED. P RONOUNCED IN THE OPEN COURT ON THIS 1 ST DAY OF MARCH, 2016 . SD/ - SD/ - S.S. GODARA PRAMOD KUMAR (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) PBN/* DATED: THE 1 ST DAY OF MARCH, 201 6 . COPIES TO : (1) THE APPELLANT (2) THE RESPONDENT (3) CIT (4) CIT(A) (5) DR (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD