The ITO, Ward-4, Bharuch V. Shri Janakkumar Mugatlal Vakil, Ahmedabad

ITA 1362/AHD/2013

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 1619 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-05-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 09-05-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 09-05-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD C BENCH AHMEDABAD BEFORE SHRI SHAILENDRA KUMAR YADAV, JUDICIAL MEMBER, AND SHRI MANISH BORAD, ACCOUNTANT MEMBER ITA. NO. 1362/AHD/2013 (ASSESSMENT YEAR:2009-10) INCOME TAX OFFICER, WARD-4, BHARUCH APPE LLANT VS. SHRI JANAKKUMAR MUGATLAL VAKIL L-402, INDRAPRASTHA-6, OPP. PRAHLADNAGAR GARDEN, AHMEDABAD - 380015 RESPONDENT PAN: ABEPV8041M /BY APPELLANT : SHRI DILEEP KUMAR, SR. D.R. /BY RESPONDENT : NONE ( WRITTEN SUBMISSION ) /DATE OF HEARING : 09 .05.2016 /DATE OF PRONOUNCEMENT : 10.05.2016 ORDER PER SHAILENDRA KUMAR YADAV, J.M: THIS APPEAL HAS BEEN FILED BY REVENUE AGAINST THE O RDER OF CIT(A)-VI, BARODA, DATED 15.02.2013 FOR THE ASSESSM ENT YEAR 2009-10 ON FOLLOWING GROUND: 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE C ASE AND IN LAW, THE LEARNED CIT(A) ERRED IN DELETING ADDITI ON OF ITA NO. 1362/AHD/13 A.Y. 09-10 (ITO VS. SHRI JANAKKUMAR M. VAKIL) PAGE 2 RS.10,39,000/- (CLAIMED TO BE LOANS TAKEN BY WIFE) OUT OF TOTAL ADDITION OF RS.25,65,000/- IN RESPECT OF UNEXPLAINED DEPOSITS IN THE BANK ACCOUNT, BY ACCEPTING ASSESSEES CONTRADICTORY SUBMISSIONS. 3. ON THE DATE OF HEARING, NONE APPEARED ON BEHALF OF ASSESSEE BUT HOWEVER THE LD. D.R. FAIRLY ADMITTED T HAT THE TAX EFFECT ON THE IMPUGNED ADDITIONS IS LESS THAN THE L IMIT PRESCRIBED BY THE CBDT CIRCULAR OF 10.12.2015 BEARI NG NO. 21 OF 2015. 4. WE HAVE HEARD THE LD. D.R. AND PERUSED THE MATER IAL ON RECORD. ON PERUSING THE GROUNDS OF APPEAL RAISED BY THE REVENUE, WE FIND THAT REVENUE IS AGGRIEVED BY THE A DDITION OF RS.10,39,000/- THE TAX EFFECT OF WHICH IS BELOW RS. 10 LACS. AS PER THE ANNOUNCEMENT OF CENTRAL BOARD OF DIRECT TAX ES (CBDT) DATED 10.12.2015 (CIRCULAR NO. 21 OF 2015), NO DEPA RTMENT APPEALS ARE TO BE FILED AGAINST RELIEF GIVEN 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 PEND ING APPEALS. IN THE PRESENT CASE, SINCE IT IS AN UNDISPUTED FACT THAT ON THE ADDITIONS WHICH ARE IN DISPUTE, THE TAX EFFECT IS L ESS THAN RS. 10 LACS AND IN THE ABSENCE OF ANY MATERIAL ON RECOR D BY THE REVENUE TO DEMONSTRATE THAT THE ISSUE IN THE PRESEN T APPEAL IS COVERED BY EXEMPTIONS SPECIFIED IN CLAUSE (8) OF TH E AFORESAID CBDT CIRCULAR, WE ARE OF THE VIEW THAT THE MONETARY LIMIT PRESCRIBED BY THE INSTRUCTIONS OF THE AFORESAID CBD T CIRCULAR WOULD BE APPLICABLE TO THE PRESENT APPEAL OF THE DE PARTMENT ITA NO. 1362/AHD/13 A.Y. 09-10 (ITO VS. SHRI JANAKKUMAR M. VAKIL) PAGE 3 AND THEREFORE THE PRESENT APPEAL IS NOT MAINTAINABL E ON ACCOUNT OF LOW TAX EFFECT. IN SUCH CIRCUMSTANCES, W E DISMISS THE APPEAL OF REVENUE WITHOUT EXPRESSING ANY OPINIO N ON MERITS OF THE CASE. 5. IN THE RESULT, THE APPEAL OF REVENUE IS DISMISSE D. PRONOUNCED IN THE OPEN COURT ON THIS THE 10 TH DAY OF MAY, 2016. SD/- SD/- (MANISH BORAD) (SHAILENDRA KUMAR YADAV) ACCOUNTANT MEMBER JUDICIAL MEM BER AHMEDABAD: DATED 10/05/2016 TRUE COPY S.K.SINHA / COPY OF ORDER FORWARDED TO:- / REVENUE 2 / ASSESSEE $ %&%'( ) / CONCERNED CIT 4 )- / CIT (A) ,-./00'(1 '( 123& / DR, ITAT, AHMEDABAD 4/5678 / GUARD FILE. BY ORDER / 1 / 2% '( 123&