The ITO, Ward-3, Gandhinagar V. Shri Rajendrakumar K.Patel, Gandhinagar

ITA 1296/AHD/2012

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 94927 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 6 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-12-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 29-12-2015
• Assessment Year: 2008-2009
• Appeal Filed On: 14-06-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DINESH SINGH
• Assessee Lawyers: M K PATEL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD A BENCH (BEFORE SHRI ANIL CHATURVEDI, ACCOUNTANT MEMBER & SHRI KUL BHARAT, JUDICIAL MEMBER) ITA NO: 1296/AHD/2012 (ASSESSMENT YEAR: 2008-09) INCOME TAX OFFICER, WARD-3, GANDHINAGAR VS SHRI RAJENDRAKUMAR K PATEL, BAVA VALO VAS, MOTO MADH, VILLAGE RUPAL, GANDHINAGAR - 382021 (APPELLANT) (RESPONDENT) PAN: AIDPP5370R APPELLANT BY : SHRI DINESH SINGH, SR. D.R . RESPONDENT BY : SHRI M. K. PATEL, A.R. ( )/ ORDER DATE OF HEARING : 29-12-2015 DATE OF PRONOUNCEMENT : 30-12-2015 PER ANIL CHATURVEDI, ACCOUNTANT MEMBER 1. THIS APPEAL FILED BY THE REVENUE IS AGAINST THE ORD ER OF CIT(A), GANDHINAGAR DATED 15.03.2012 FOR A.Y. 2008-09. ITA NO .1296 /AHD/2012 . A.Y. 2008-0 9 2 2. THE GROUND RAISED BY THE REVENUE IN THE PRESENT APP EAL READS AS UNDER:- 1. THE LEARNED CIT(APPEALS) HAS ERRED IN LAW AND O N FACTS IN RESTRICTING THE ADDITION TO THE EXTENT OF RS.1,69,910/- INSTEAD OF TOTAL ADDITION OF RS.15,47,939/- IN RESPECT OF UNEXPLAINED EXPENSES I N THE FORM OF CREDIT CARD PURCHASES AND FINANCE CHARGES. 3. BEFORE US, AT THE OUTSET, LD. A.R. SUBMITTED THAT THE PRESENT APPEAL OF THE REVENUE NEEDS TO BE DISMISSED ON ACCOUNT OF LOW TAX EFFECT IN VIEW OF THE CBDT CIRCULAR NO. 21 OF 2015 DATED 10.12.2015. THE LD. D.R. FAIRLY ADMITTED THAT THE TAX EFFECT IS LESS THAN THE LIMIT PRESCRIBED BY THE AFORESAID CBDT CIRCULAR. 4. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED T HE MATERIAL ON RECORD. ON PERUSING THE GROUNDS OF APPEAL RAISED BY THE REV ENUE, WE FIND THAT REVENUE IS AGGRIEVED BY THE ADDITION OF RS.15,47,93 9/-, THE TAX EFFECT OF WHICH IS BELOW RS.10 LACS. AS PER THE ANNOUNCEMENT OF CENTRAL BOARD OF DIRECT TAXES (CBDT) DATED 10.12.2015 (CIRCULAR NO. 21 OF 2015), NO DEPARTMENT APPEALS ARE TO BE FILED AGAINST RELIEF G IVEN BY LD. CIT(A) BEFORE THE INCOME TAX TRIBUNAL UNLESS THE TAX EFFECT, EXCL UDING INTEREST EXCEEDS RS. 10 LACS AND IT FURTHER STATES THAT THE INSTRUCTIONS WILL APPLY RETROSPECTIVELY TO THE PENDING APPEALS. IN THE PRESENT CASE, SINCE IT IS AN UNDISPUTED FACT THAT ON THE ADDITIONS WHICH ARE IN DISPUTE THE TAX EFFECT I S LESS THAN RS. 10 LACS, WE ARE OF THE VIEW THAT THE MONETARY LIMIT PRESCRIBED BY THE INSTRUCTIONS OF THE AFORESAID CBDT CIRCULAR WOULD BE APPLICABLE TO THE PRESENT APPEAL OF THE DEPARTMENT AND THEREFORE THE PRESENT APPEAL IS NOT MAINTAINABLE ON ACCOUNT ITA NO .1296 /AHD/2012 . A.Y. 2008-0 9 3 OF LOW TAX EFFECT. IN SUCH CIRCUMSTANCES, WE DISMIS S THE APPEAL OF REVENUE WITHOUT EXPRESSING ANY OPINION ON MERITS OF THE CAS E. 5. IN THE RESULT, THE APPEAL OF REVENUE IS DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON 30- 12 - 2015. SD/- SD/- (KUL BHARAT) (ANIL CHATURVEDI) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD: DATED. 30/12/2015 TRUE COPY S K SINHA 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,AHMEDABAD