The DCIT, Navsari Circle, Navsari V. Artistic Stone Pvt.Ltd., Navsari

ITA 1501/AHD/2011

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 9815 (ITAT-AHMEDABAD)
• Duration Of Justice: 5 year(s) 6 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-12-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 08-12-2016
• Assessment Year: 2003-2004
• Appeal Filed On: 26-05-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: SAKAR SHARMA T HEARING CONCLUD
• Keywords: Tax effect

Judgement Text

ITA NO. 1 501 /AHD/201 1 ASSESSMENT YEAR: 200 3 - 04 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD B BENCH, AHMEDABAD [CORAM: PRAMOD KUMAR AM AND S S GODARA JM] ITA NO. 1 501 /AHD/201 1 ASSESSMENT YEAR : 20 0 3 - 04 DY. COMMISSIONER OF INCOME TAX, NAVSARI CIRCLE, NAVSARI. .... . .... ..... .. ..... APPELLA NT VS. ARTISTIC STONE PRIVATE LIMITED, ........ ........... RESPONDENT C/O. MANOJ C PATEL, AT: BORICH, POST: ASHTAGAM, TAL. & DIST. NAVSARI 396 433. [A ACCA 3987 H ] APPEARANCES BY JAMES KURIAN FOR THE APPELLANT SAKAR SHARMA FOR THE RESPONDENT T HEARING CONCLUDED ON: 08.12. 20 16 ORDER PRONOUNCED ON : 14 .12.2016 O R D E R PER PRAMOD KUMAR , AM: 1. BY WAY OF THIS APPEAL, THE ASSESSING OFFICER HAS CHALLENGED CORRECTNESS OF THE ORDER DATED 28.01.2011, PASSED BY THE L EARNED CIT(A) , FOR THE ASSESSMENT YEAR 20 03 - 04 , ON THE FOLLOWING GROUND S : - 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW, THE HON BLE CIT(A) ERRED IN DELETING THE ADDITION OF RS.21,00,000/ - MADE ON ACCOUNT OF DISALLOWANCE OF RENT AND HIRE CHARGES C LAIMED TO HAVE PAID BY THE ASSESSEE. 2. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW, THE LD. CIT(A) OUGHT TO HAVE UPHELD THE ADDITION MADE BY THE A.O. 3. IT IS THEREFORE, PRAYED TO SET ASIDE THE ORDER PASSED BY THE CIT(A) AND THAT OF T HE ORDER PASSED BY THE AO BE RESTORED. ITA NO. 1 501 /AHD/201 1 ASSESSMENT YEAR: 200 3 - 04 PAGE 2 OF 2 2. WE HAVE NOTICED THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.10,00,000/ - . IN VIEW OF THIS UNDISPUTED FACT AND IN THE LIGHT OF CBDT CIRCULAR NO.21/2015 DATED 10 TH DECEMBER, 2015, WE ARE OF THE CON SIDERED VIEW THAT THIS APPEAL IS LIABLE TO BE DISMISSED AS WITHDRAWN FOR THE SIMPLE REASON THAT TAX EFFECT INVOLVED IN THE APPEAL IS LESS THAN RS.10,00,000/ - . 3 . IN THE RESULT, APPEAL IS DISMISSED . PRONOUNCED IN THE OPEN COUR T TODAY ON THE 14 TH DAY OF DECEMBER , 2016. SD/ - SD/ - S S GODARA PRAMOD KUMAR (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) DATED: 14 TH DECEMBER, 2016 . COPIES TO : (1) THE APPELLANT (2) THE RESPONDENT (3) CIT (4) CIT(A) (5) DR (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD