The ITO, Ward-4, Navsari V. Valsad Dist. Co.Op.Milk Producers Union Ltd, Navsari

ITA 1015/AHD/2013

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 1392 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 1 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-06-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 06-06-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 12-04-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Audit objection; Tax effect

Judgement Text

, , , , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, AHMEDABAD BEFORE SHRI R.P. TOLANI, JUDICIAL MEMBER AND SHRI ANIL CHATURVEDI, ACCOUNTANT MEMBER ./ ././ ./ ITA NO. 1015/AHD/2013 / // / ASSESSMENT YEAR : 2009-10 INCOME-TAX OFFICER, WARD-4, NAVSARI VS M/S. VALSAD DISTRICT CO-OP. MILK PRODUCERS UNION LTD., VASUDHARA DAIRY, NATIONAL HIGHWAY, ALIPORE, CHIKHLI, NAVSARI-396521 PAN : AAAAV 0542 R / // / (APPELLANT) / // / (RESPONDENT) REVENUE BY : SHRI PARVEEN KUMAR, SR DR ASSESSEE BY : NONE (WRITTEN SUBMISSION) / // / DATE OF HEARING : 06/06/2016 / // / DATE OF PRONOUNCEMENT: 06/06/2016 / // / O R D E R PER R.P. TOLANI, JUDICIAL MEMBER:- THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME-TAX (APPEALS), VALSAD DATED 31.12.2012 FOR ASSESSMENT YEAR 2009-10. 2. THE SOLITARY GROUND RAISED BY THE REVENUE READS AS UNDER:- ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE A ND IN LAW, THE HONBLE CIT(A) ERRED IN DELETING THE ADDITION OF RS.31,71,10 6/- MADE ON ACCOUNT OF CO-OPERATIVE DEVELOPMENT EXPENSES. 3. THE LD. AUTHORIZED REPRESENTATIVE FOR THE ASSESS EE, VIDE WRITTEN SUBMISSION DATED 03.06.2016, SUBMITTED THAT THE APP EAL OF THE REVENUE NEEDS TO BE DISMISSED ON ACCOUNT OF LOW TAX EFFECT IN VIEW OF THE CBDT CIRCULAR NO.21 OF 2015 DATED 10.12.2015. HE HAS AL SO SUBMITTED THAT IN THE PRESENT CASE THE TAX EFFECT IS RS. 9,76,783/- WHICH IS BELOW THE PRESCRIBED LIMIT OF RS.10 LACS. THE LD. DEPARTMENTAL REPRESEN TATIVE FAIRLY ADMITTED THAT ITA NO. 1015/AHD/2013 ITO VS. VALSAD DIST CO-OP MILK PRODUCERS UNION LTD AY : 2009-10 2 THE TAX EFFECT IS LESS THAN THE LIMIT PRESCRIBED BY THE AFORESAID CBDT CIRCULAR. 4. WE HAVE HEARD THE LD. DEPARTMENTAL REPRESENTATIV E AND PERUSED THE MATERIAL AVAILABLE ON RECORD. WE FIND THAT PRIMA-F ACIE THIS APPEAL OF THE REVENUE IS NOT MAINTAINABLE IN VIEW OF CBDT CIRCULA R NO. 21/2015 IN F.NO.279/MISC. 142/2007-ITJ (PT) DATED 10TH DECEMBER 2015, VIDE WHICH IT HAS BEEN PROVIDED THAT IF THE TAX EFFECT BY VIRTUE OF THE COMMISSIONER OF INCOME-TAX (APPEALS)S ORDER IS BELOW RS. 10 LACS, THEN THAT ORDER WOULD NOT BE CHALLENGED BEFORE THE TRIBUNAL IN FURTHER APPEAL . THE BOARD HAS PROVIDED EXEMPTIONS AT CLAUSE (8) OF THE INSTRUCTIO NS WHEREIN IT HAS BEEN PROVIDED THAT THESE INSTRUCTIONS WILL NOT BE APPLIC ABLE, IF VIRES OF ANY PROVISIONS HAS BEEN QUASHED BY IMPUGNED ORDER OR AD DITION WAS MADE ON SOME AUDIT OBJECTIONS OR THE ADDITION RELATES TO UN DISCLOSED FOREIGN ASSETS/BANK ACCOUNTS, ETC. WE FIND THAT THE PRESEN T CASE DOES NOT FALL WITHIN THE EXEMPTION CLAUSE AND THE TAX IS LESS THAN RS.10 LACS. THEREFORE, THE PRESENT APPEAL IS NOT MAINTAINABLE AND HENCE DISMIS SED. 5. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED IN LIMINE. ORDER PRONOUNCED IN THE COURT ON 6 TH JUNE, 2016 AT AHMEDABAD. SD/- SD/- ANIL CHATURVEDI (ACCOUNTANT MEMBER) R.P. TOLANI (JUDICIAL MEMBER) AHMEDABAD; DATED 06/06/2016 *BIJU T. / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / CONCERNED CIT 4. ( ) / THE CIT(A) 5. , , / DR, ITAT, AHMEDABAD 6. / GUARD FILE. / BY ORDER, TRUE COPY / // / ( DY./ASSTT.REGISTRAR) , , , , / ITAT, AHMEDABAD