The ITO, Ward-9(3), Surat V. Shri Muljibhai A.Gabani, Surat

ITA 1165/AHD/2012

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 9560 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 8 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-02-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 17-02-2016
• Assessment Year: 2003-2004
• Appeal Filed On: 29-05-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MRS USHA SHORTE
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD C BENCH (BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER & SHRI S. S. GODARA, JUDICIAL MEMBER) ITA. NO: 1165/AHD/2012 & C.O. NO. 116/AHD/12 (ASSESSMENT YEAR: 2003-04) INCOME TAX OFFICER WARD 9(3), SURAT V/S SHRI MULJIBHAI A. GABANI A/7, TRIKAM NAGAR SR: RAJMAHAL CINEMA, L.H. ROAD SURAT-395006 (APPELLANT) (RESPONDENT) SHRI MULJIBHAI A. GABANI A/7, TRIKAM NAGAR SR: RAJMAHAL CINEMA, L.H. ROAD SURAT-395006 V/S INCOME TAX OFFICER WARD 9(3), SURAT (APPELLANT) (RESPONDENT) PAN: ADSPP3468L APPELLANT BY : MRS. USHA SHORTE, SR. D.R. RESPONDENT BY : WRITTEN SUBMISSIONS ( )/ ORDER DATE OF HEARING : 17-02-201 6 DATE OF PRONOUNCEMENT : 17 -02-2016 ITA NO. 1165/AHD/1 2 & C.O. NO. 116/A/12 . A.Y. 2003-04 2 PER N.K. BILLAIYA, ACCOUNTANT MEMBER: 1. ITA NO. 1165/AHD/2012 & C.O. NO. 116/AHD/2012 ARE A PPEAL AND THE CROSS OBJECTION BY THE REVENUE AND THE ASSESSEE DIRECTED AGAINST THE VERY SAME ORDER OF THE LD. CIT(A)-V, SURAT DATED 06.02.2012 P ERTAINING TO A.Y. 2003- 04. 2. AT THE VERY OUTSET, IT HAS BEEN BROUGHT TO OUR NOTI CE THAT THE REVENUE IS IN APPEAL AGAINST THE DELETION OF THE ADDITION OF RS. 13,67,650/-, THE TAX EFFECT ON WHICH IS LESS THAN RS. 10 LACS. THEREFORE, THE A PPEAL OF THE REVENUE DESERVES TO BE DISMISSED IN THE LIGHT OF CIRCULAR N O. 21/2015 DATED 10.12.2015. 3. WE HAVE GIVEN A THOUGHTFUL CONSIDERATION TO THE FAC TS IN ISSUES. THERE IS NO DISPUTE THAT THE REVENUE IS AGGRIEVED BY THE DELETI ON OF RS. 13,67,650/-, THE TAX EFFECT ON WHICH IS LESS THAN RS. 10 LACS. THERE FORE, THE APPEAL OF THE REVENUE IS DISMISSED AS IT IS COVERED BY THE CIRCUL AR OF THE CBDT NO. 21/2015 DATED 10.12.2015. 4. THE LD. COUNSEL FOR THE ASSESSEE IN HIS LETTER DATE D 15.02.2016 MENTIONS THAT HE IS NOT PRESSING CROSS OBJECTION. THEREFORE THE S AME IS DISMISSED. ITA NO. 1165/AHD/1 2 & C.O. NO. 116/A/12 . A.Y. 2003-04 3 5. IN THE RESULT, THE APPEAL FILED BY THE REVENUE AND THE C.O. OF THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON 17 - 02 - 2016. SD/- SD/- (S. S. GODARA) (N. K. BILLAIYA) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD: TRUE COPY RAJESH COPY OF THE ORDER FORWARDED TO: - 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT (APPEALS) 4. THE CIT CONCERNED. 5. THE DR., ITAT, AHMEDABAD. 6. GUARD FILE. BY ORDER DEPUTY/ASSTT.REGISTRAR ITAT,AHM EDABAD