The DCIT, Circle-4, Ahmedabad V. GPSAR Healthcase Ltd., Ahmedabad

ITA 1135/AHD/2011

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 9939 (ITAT-AHMEDABAD)
• Duration Of Justice: 4 year(s) 8 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-01-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 02-12-2015
• Assessment Year: 2007-2008
• Appeal Filed On: 18-04-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DINESH SINGH
• Assessee Lawyers: S N SOPARKAR
• Keywords: Gross profit estimation; Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD A BENCH BEFORE: S H RI PRAMOD KUMAR, ACCOUNTANT MEMBER AND SHR I S. S. GODARA , JUDICIAL MEMBER THE DCIT, CIRCLE - 4, AHMEDABAD (APPELLANT) VS GPSAR HEALTHCARE PVT. LTD, C/O PLANET HEALTH, SAGAR, , NR. SAHJANAND COLLEGE, AHMEDABAD PAN: AABCG0509J (RESPONDENT) REVENUE BY : S H RI DINESH SINGH , SR. D . R. ASSESSEE BY: S H RI S.N. SOPARKAR , A.R. DATE OF HEARING : 02 - 12 - 2 015 DATE OF PRONOUNCEMENT : 01 - 01 - 2 016 / ORDER P ER : S. S. GODARA , JUDICIAL MEMBER : - THIS REVENUE S APPEAL FOR A.Y. 2007 - 08, AR ISES FROM ORDER OF THE CIT(A) - VIII, AHMEDABAD DATED 25 - 01 - 2011 IN APPEAL NO. CIT(A) - VIII / DC - 4/5 70/09 - 10, IN PROCEEDINGS UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT . I T A NO . 1135 / A HD/20 11 A SSESSMENT YEAR 200 7 - 08 I.T.A NO. 1135 /AHD/20 11 A.Y. 2007 - 08 PAGE NO DCIT VS. GPSAR HEALTHCARE PVT. LTD. 2 2. THE REVENUE RAI SES TWO SUBSTANTIVE GROUNDS INTER ALIA CHALLENGING THE LOWER APPELLATE ORDER DELETING DISALLOWANCES/ADDITIONS OF RS. 14,82,446/ - ON ACCOUNT OF ROYALTY PAYMENT FOR USE OF TRADE MARK A ND THAT OF LOW GP AMOUNTING TO RS. 17,66,648/ - ; RESPECTIVELY. SUM TOTAL OF THESE TWO FIGURES COMES TO RS. 32,49,094/ - . THERE IS NO DISPUTE THAT THE NET TAX EFFECT WITHOUT INTEREST IN THE INSTANT APPEAL TURNS OUT TO BE LESS THAN OF RS. 10 LACS. WE FIND THAT THE CENTRAL BOARD OF DIRECT TAXES; HEREAFTER THE BOARD HAS ISSUED THE CIRCULAR NO. 2 1/2015 DATED 10 - 12 - 2015 CLEARLY ENVISAGING THEREIN THAT DEPARTMENT S PENDING APPEALS BEFORE THE TRIBUNAL/HIGH COURTS ARE TO BE WITHDRAWN/NOT PRESSED A S PER THE ABOVE STATED CIRCULAR . THE SAME HAS BEEN DECLARED TO BE HAVING RETROSPECTIVE EFFE CT IN OTHER WORDS. WE TAKE INTO CONSIDERATION THE ABOVE STATED BOARD S CIRCULAR AND DISMISS THE INSTANT APPEAL ACCORDINGLY. 3. THIS REVENUE S APPEAL IS DISMISSED AS INVOLVING LOW TAX EFFECT. ORDER PR ONOUNCED IN THE OPEN C OURT ON 01 - 01 - 201 6 SD/ - SD/ - ( PRAMOD KUMAR ) ( S. S. GODARA ) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD : DATED 01 / 01 /201 6 AK I.T.A NO. 1135 /AHD/20 11 A.Y. 2007 - 08 PAGE NO DCIT VS. GPSAR HEALTHCARE PVT. LTD. 3 / COPY OF ORDER FORWARDED TO: - 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER/ , / ,