The ITO, Ward-9(1), Ahmedabad V. M/s. Suraj Developers, Ahmedabad

ITA 1413/AHD/2010

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 9553 (ITAT-AHMEDABAD)
• Duration Of Justice: 5 year(s) 9 month(s) 14 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: 2006-2007
• Appeal Filed On: 03-05-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MRS USHA SHROTE
• 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: 1413 & 2050/AHD/2010 (ASSESSMENT YEAR: 2006-07 & 2007-08) INCOME TAX OFFICER WARD 9(1), AHMEDABAD V/S M/S. SURAJ DEVELOPERS 6, KESHAVBAUG SOCIETY, RAMNAGAR, SABARMATI, AHMEDABAD (APPELLANT) (RESPONDENT) PAN: ABCFS 3226 R APPELLANT BY : MRS. USHA SHROTE, SR. D.R. RESPONDENT BY : SHRI KARAN SHAH, A.R. ( )/ ORDER DATE OF HEARING : 17-02-2016 DATE OF PRONOUNCEMENT : 17 -02-2016 PER N.K. BILLAIYA, ACCOUNTANT MEMBER: 1. THESE TWO APPEALS BY THE REVENUE ARE DIRECTED AGAIN ST TWO SEPARATE ORDERS OF THE LD. CIT(A)-XV, AHMEDABAD DATED 03.03.2010 & 15. 03.2010 FOR A.YS. 2006-07 & 2007-08 RESPECTIVELY. ITA NOS. 141 3 & 2050/AHD/2010 . A.YS. 2006-0 7 & 2007-08 2 2. AT THE VERY OUTSET, IT HAS BEEN BROUGHT TO OUR NOTI CE THAT IN ITA NO. 1413/AHD/2010, THE REVENUE IS AGGRIEVED BY THE DELE TION OF THE ADDITION OF RS. 16,80,118/- AND IN ITA NO. 2050/AHD/2010, THE R EVENUE IS AGGRIEVED BY THE DELETION OF THE ADDITION OF RS. 23,28,195/-. IN BOTH THESE YEARS, THE TAX EFFECT IS LESS THAN RS. 10 LACS. HENCE, BOTH THESE APPEALS BY THE REVENUE DESERVE TO BE DISMISSED. 3. WE FIND FORCE IN THIS CONTENTION, SINCE THE TAX EFF ECT IN BOTH THESE APPEALS IS LESS THAN RS. 10 LACS IN THE LIGHT OF THE CBDT CIRC ULAR NO. 21/2015 DATED 10.12.2015. BOTH THESE APPEALS OF THE REVENUE ARE D ISMISSED. 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,AHME DABAD