The ITO, Ward-7(2), Ahmedabad V. Shri Sandarbh D. Patel, Ahmedabad

ITA 1248/AHD/2014

• Counselvise Citation: [2017] 130 COUNSELVISE.COM (IT) 9184 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 9 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-02-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 13-02-2017
• Assessment Year: 2010-2011
• Appeal Filed On: 28-04-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD B BENCH (BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER & SHRI MAHAVIR PRASAD, JUDICIAL MEMBER) ITA. NO: 1248/AHD/2014 (ASSESSMENT YEAR: 2010-11) THE ITO, WARD-7(2), AHMEDABAD V/S SKHRI SANDARBH D. PATEL 4- ARYAVRAT BUNGLOW, NR. PRERNATIRTH BUNGLOW, SATELLITE, AHMEDABAD- 380015 (APPELLANT) (RESPONDENT) PAN: ANOPP7964R APPELLANT BY : NONE RESPONDENT BY : SHRI JAMES KURIAN, SR. D.R. ( )/ ORDER DATE OF HEARING : 13 -02-201 7 DATE OF PRONOUNCEMENT : 15-02-2017 PER N.K. BILLAIYA, ACCOUNTANT MEMBER: 1. THIS APPEAL BY THE REVENUE IS PREFERRED AGAINST THE ORDER OF THE LD. CIT(A)- I, AHMEDABAD DATED 18.12.2014 PERTAINING TO A.Y. 20 10-11. ITA NO. 1248 /AHD/2014 . A.Y. 2010-11 2 2. THE FIRST GRIEVANCE OF THE REVENUE IS THAT THE LD. CIT(A) ERRED IN DELETING THE ADDITION OF RS. 9,98,145/- MADE ON ACCOUNT OF UNEXP LAINED INVESTMENTS. THE SECOND GRIEVANCE OF THE REVENUE IS THAT THE LD. CIT(A) ERRED IN HOLDING THAT THE INCOME OF RS. 89,833/- WAS BROKERAGE INCOM E. 3. THE ABOVE GRIEVANCE OF THE REVENUE CLEARLY SHOWS TH AT THE IMPUGNED TAX EFFECT IS LESS THAN RS. 10 LACS. 4. 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. 5. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS A CCORDINGLY DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON 15 - 02- 20 17 SD/- SD/- (MAHAVIR PRASAD) (N. K. BILLAIYA) JUDICIAL MEMBER TRUE COPY ACCOUNTANT MEMBER AHMEDABAD: DATED 15/02/2017 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,AHME DABAD