The ITO, Ward-4(2), Surat V. Sanskar Processors Pvt.Ltd., Surat

ITA 1016/AHD/2013

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 9363 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 10 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-02-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 26-02-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 12-04-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SAMIR VAKIL
• Keywords: Tax effect

Judgement Text

ITA NO. 1016 /AHD/201 3 ASSESSMENT YEAR: 200 9 - 10 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL, AHMEDABAD B BENCH, AHMEDABAD [CORAM : PRAMOD KUMAR AM AND KUL BHARAT JM ] ITA NO. 1016 /AHD/ 20 1 3 ASSESSMENT YEAR : 200 9 - 10 INCOME TAX OFFICER, .. .APPELLANT WARD - 4 (2), SURAT. VS. SANSKAR PROC ESSO R S PVT. LTD. .. . RESPONDENT PLOT NO. 8 & 9 BLOCK NO.31 TO 37 , BEHIND GARDEN VARELI, VILLAGE VANKANERA, T A L. PALSANA, SURAT. [PAN: A AGCS 6841 Q ] APPEARANCES BY: SAMIR VAKIL , FOR THE APPELLANT NONE , FOR THE RESPONDENT D ATE OF CONCLUDING THE HEARING : FEBRUARY 2 6 TH , 201 6 DATE OF PRONOUNCING THE ORDER : FEBRUARY 26 TH , 201 6 O R D E R PER PRAMOD KUMAR AM : 1. BY WAY OF THIS APPEAL, THE ASSESSING OFFICER HAS CHALLENGED CORRECTNESS OF THE ORDER DATED 30 TH JANUARY , 201 3 , PA SSED BY THE LD. CIT(A), FOR THE ASSESSMENT YEAR 200 9 - 10 , ON THE FOLLOWING GROUNDS : - 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW, THE LD.CIT(A) HAS ERRED IN ALLOWING AND DELETING THE ADDITION OF RS.13,77,340 / - MADE BY THE A.O. ON ACCOUNT OF LOW G.P. RATE. 2. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW, THE LD.CIT(A) HAS GROSSLY ERRED IN HOLDING THAT THERE WAS NO BASIS FOR ESTIMATION OF G.P. PARTICULARLY WHEN NO STOCK REGISTER WAS MAINTAINED B Y THE ASSESSEE COMPANY AND THERE WAS OUT OF BOOK PAYMENTS MADE BY THE ASSESSEE. ITA NO. 1016 /AHD/201 3 ASSESSMENT YEAR: 200 9 - 10 PAGE 2 OF 2 3. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW, THE LD.CIT(A) HAS ERRED IN DELETING THE ADDITION OF RS.11,40,415/ - MADE ON ACCOUNT OF VIOLATION OF PROV ISION OF SECTION 40(A)(3) OF THE I.T. ACT, AND FAILED TO APPRECIATE THE FINDINGS ESTABLISHED BY THE A.O. FOR MAKING THE ADDITION. 4. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW, THE LD. CIT(A ), SURAT OUGHT TO HAVE UPHELD THE ORDER OF THE ASSESSING OFFICER. IT IS, THEREFORE, PRAYED THAT THE ORDER OF THE LD .CIT(A), SURAT MAY BE SET - ASIDE AND THAT OF THE ASSESSING OFFICER'S ORDER MAY BE RESTORED. 2. WE HAVE NOTICED THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.10,0 0,000/ - . 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 AP PEAL IS LESS THAN RS.10,00,000/ - . 3 . IN THE RESULT, THE APPEAL IS DISMISSED. P RONOUNCED IN THE OPEN COURT ON THIS 26 TH DAY OF FEBRUARY, 2016 . SD/ - SD/ - KUL BHARAT PRAMOD KUMAR (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) PBN/* DATED: THE 26 TH DAY OF FEBRUARY , 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 TRIBUNA L AHMEDABAD BENCHES, AHMEDABAD