The ITO, Ward-9(2), Ahmedabad V. M/s. Gajanan Builders, Ahmedabad

ITA 1371/AHD/2012

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 9657 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 7 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-02-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 04-02-2016
• Assessment Year: 2007-2008
• Appeal Filed On: 25-06-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: V K SINGH
• Assessee Lawyers: ANIL BRAHMKSHATRIYA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD C BENCH AHMADABAD , BEFORE: SHRI RAJPAL YADAV, JUDICIAL MEMBER SHRI MANISH BORAD, ACCOUNTANT MEMBER ITA NO. 1371/AHD/2012 ASSESSMENT YEAR : 2007-08 INCOME TAX OFFICER, WARD-9(2), AHMEDABAD V/S . M/S. GAJANAN BUILDERS, GAJANAN RESIDENCY, BHARGAV (KATHWADA) SOCIETY, SINGARVA KATHWADA, AHMEDABAD - 382430 PAN NO. AAHFG0069J (APPELLANT) .. (RESPONDENT) /BY REVENUE SHRI V. K. SINGH, SR.D.R. /BY ASSESSEE SHRI ANIL BRAHMKSHATRIYA, A.R. /DATE OF HEARING 04.02.2016 /DATE OF PRONOUNCEMENT 05.02.2016 O R D E R PER : RAJPAL YADAV, JUDICIAL MEMBER THE REVENUE IS IN APPEAL BEFORE US AGAINST THE ORDE R OF THE LD. CIT(A)- XV, AHMEDABAD DATED 30 TH APRIL, 2012 PASSED FOR ASSESSMENT YEAR 2007-08. 2. SOLITARY GRIEVANCE OF THE REVENUE IS THAT THE LD . CIT(A) HAS ERRED IN DIRECTING THE ASSESSING OFFICER TO ALLOW THE ASSESS EES CLAIM FOR DEDUCTION OF RS.16,85,285/- U/S.80IB(10) OF THE INCOME TAX ACT. ITA NO. 1371/AHD/12 A.Y.07-08 (ITO VS. M/S. GAJANAN BUILDERS) PAGE 2 3. THIS APPEAL WAS PRESENTED ON 25.06.2012. ON 10. 12.2015 THE CBDT HAS ISSUED INSTRUCTIONS BEARING NO. 21/2015 PROHIBITING ITS SUBORDINATE AUTHORITIES FROM FILING OF THE APPEAL TO THE TRIBUNAL AGAINST T HE ORDER OF THE CIT(A) WHERE THE TAX EFFECT BY VIRTUE OF THE RELIEF GIVEN BY THE CIT(A) IS LESS THAN RS.10 LAKHS. THE INSTRUCTIONS HAVE BEEN MADE APPLICABLE WITH RET ROSPECTIVE EFFECT, MEANING THEREBY, THESE INSTRUCTIONS ARE APPLICABLE ON PENDI NG APPEALS ALSO. IN THE PRESENT CASE, THE ASSESSED INCOME OF THE ASSESSEE I S OF RS.16,85,284/- AND THE ASSESSEES CLAIM FOR DEDUCTION U/S.80IB(10) OF THE ACT IS RS.16,85,285/-, WHICH IS DIRECTED TO BE ALLOWED BY LD. CIT(A) TO THE ASSE SSING OFFICER. THE TAX EFFECT ON THIS ADDITION WOULD BE LESS THAN RS.10 LAKHS. T HE PRESENT APPEAL DESERVES TO BE DISMISSED BEING TREATED TO BE FILED IN VIOLATION OF CBDT INSTRUCTIONS. THE CASE DOES NOT FALL WITHIN THE AMBIT OF EXCEPTIONS P ROVIDED IN THE INSTRUCTIONS. IT IS FURTHER OBSERVED THAT SINCE, WHILE HEARING THE A PPEAL, SUCH FACTORS COULD NOT BE CROSS-VERIFIED, THEREFORE, IN CASE, ON RE-VERIFI CATION AT THE END OF THE AO, IT CAME TO THE NOTICE THAT THE TAX EFFECT IS MORE OR I T FALLS WITHIN THE AMBIT OF EXCEPTIONS PROVIDED IN THE INSTRUCTION, THEN THE DE PARTMENT WILL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR RECALL OF THIS ORDER. SU CH APPLICATION SHOULD BE FILED WITHIN FOUR YEARS OF THIS ORDER. IN VIEW OF THE AB OVE, THE APPEAL OF THE REVENUE IS DISMISSED. 5. IN THE RESULT OF THE APPEAL OF THE REVENUE IS DI SMISSED. THIS ORDER PRONOUNCED IN OPEN COURT ON 05/02/2016 SD/- SD/- ( MANISH BORAD) (RAJPAL YADAV) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD: DATED 05/02/2016 TRUE COPY S.K.SINHA / COPY OF ORDER FORWARDED TO:- 1. / APPELLANT ITA NO. 1371/AHD/12 A.Y.07-08 (ITO VS. M/S. GAJANAN BUILDERS) PAGE 3 2. ! / RESPONDENT 3. '#'$% ! ! & / CONCERNED CIT 4. ! ! & - / CIT (A) 5. '()! **$% , ! ! $% , # / DR, ITAT, AHMEDABAD 6. )-. / GUARD FILE. BY ORDER/ , / ! ' ! ! $% , #