The DCIT, Circle-8, Ahmedabad V. Shree Bhadrada Chemicals Pvt. Ltd., Ahmedabad

ITA 1084/AHD/2014

• Counselvise Citation: [2017] 130 COUNSELVISE.COM (IT) 8859 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 11 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-03-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 23-03-2017
• Assessment Year: 1996-1997
• Appeal Filed On: 11-04-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD A BENCH (BEFORE SHRI RAJAPAL YADAV, JUDICIAL MEMBER & SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER) ITA. NO: 1084/AHD/2014 & C.O. NO. 209/AHD/14 (ASSESSMENT YEAR: 1996-97) DY. COMMISSIONER OF INCOME TAX, CIRCLE-8, AHMEDABAD SHREE BHADRADA CHEMICALS PVT. LTD. 101, ANSH APPARTMENTS, 26, MAHADEV NAGAR SOCIETY, STADIUM ROAD, AHMEDABAD-380014 V/S V/S SHREE BHADRADA CHEMICALS PVT. LTD. 101, ANSH APPARTMENTS, 26, MAHADEV NAGAR SOCIETY, STADIUM ROAD, AHMEDABAD-380014 DY. COMMISSIONER OF INCOME TAX, CIRCLE-8, AHMEDABAD (APPELLANT) (RESPONDENT) PAN: AADCS0488E APPELLANT BY : SHRI K. MADHUSUDAN, SR. D .R. RESPONDENT BY : SHRI DEEPAK SONI, A.R. ( )/ ORDER DATE OF HEARING : 23 -03-201 7 DATE OF PRONOUNCEMENT : 24-03-2017 PER N.K. BILLAIYA, ACCOUNTANT MEMBER: ITA NO1084/AHD/201 4 & C.O. 209/AHD/14 . A.Y. 1996-97 2 1. ITA NO. 1084/AHD/2014 & C.O. NO. 209/AHD/2014 ARE T HE APPEALS BY THE ASSESSEE AND CROSS OBJECTION OF THE ASSESSEE DIRECT ED AGAINST THE VERY SAME ORDER OF THE LD. CIT(A)-XIV, AHMEDABAD DATED 03.01. 2014 PERTAINING TO A.Y. 1996-97. 2. THE SOLE GRIEVANCE OF THE REVENUE RELATES TO THE DE LETION OF THE PENALTY OF RS. 4,50,000/- LEVIED U/S. 271(1)(C) OF THE ACT. 3. THE APPEAL OF THE REVENUE HAS TO BE DISMISSED IN TH E LIGHT OF THE CBDT CIRCULAR NO. 21 OF 2015 DATED 10.12.2015 BY WHICH T HE BOARD HAS DIRECTED THE REVENUE NOT TO PREFER APPEAL BEFORE THE TRIBUNA L WHERE THE TAX EFFECT IS LESS THAN RS. 10 LACS. IN THE LIGHT OF THE CBDT CIR CULAR, APPEAL FILED BY THE REVENUE IS DISMISSED. 4. THE LD. COUNSEL FOR THE ASSESSEE DID NOT PRESS FOR THE CROSS OBJECTION AND THE SAME IS DISMISSED AS NOT PRESSED. ORDER PRONOUNCED IN OPEN COURT ON 24 - 03- 20 17 SD/- SD/- (RAJPAL YADAV) (N. K. BILLAIYA) JUDICIAL MEMBER TRUE COPY ACCOUNTANT MEMBER AHMEDABAD: DATED 24/03/2017 RAJESH COPY OF THE ORDER FORWARDED TO: - 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT (APPEALS) 4. THE CIT CONCERNED.