The ACIT, Circle-6, Surat V. M/s. Geeta Global, Surat

ITA 1525/AHD/2013

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 1013 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 1 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-07-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2004-2005
• Appeal Filed On: 23-05-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 143(3); 148

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD B BENCH (BEFORE SHRI S.K. YADAV, JUDICIAL MEMBER & SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER) ITA. NO: 1525/AHD/2013 (ASSESSMENT YEAR: 2004-05) THE A.C.I.T., CIRCLE-6, SURAT V/S M/S. GEETA GLOBAL PLOT NO. 150, G.I.D.C., PANDESERA SURAT-394221 (APPELLANT) (RESPONDENT) PAN: AADFG6326L APPELLANT BY : SHRI JAMES KURIAN, SR. D.R . RESPONDENT BY : NONE ( )/ ORDER DATE OF HEARING : 21 -07-201 6 DATE OF PRONOUNCEMENT : 22 -07-2016 PER N.K. BILLAIYA, ACCOUNTANT MEMBER: 1. THIS APPEAL BY THE REVENUE IS PREFERRED AGAINST THE ORDER OF LD. CIT(A)-I, SURAT DATED 05.03.2015 PERTAINING TO A.Y. 2004-05. ITA NO. 1525 /AHD/2013 . A.Y. 2004-05 2 2. THE SHORT GRIEVANCE OF THE REVENUE IS THAT THE LD. CIT(A) ERRED IN HOLDING THAT THE NOTICE U/S. 148 WAS ISSUED WITHOUT ANY JURISDICTION. 3. A PERUSAL OF THE ASSESSMENT ORDER MADE BY THE A.O. U/S. 143(3) R.W.S. 147 OF THE ACT SHOW THAT IN THIS RE-ASSESSMENT ORDE R, THE A.O. MADE TOTAL DISALLOWANCES TO THE TUNE OF RS. 24,71,126/-. EVEN, IF THE MERITS OF THIS CASE IS TAKEN INTO CONSIDERATION, THE TAX E FFECT ON THE IMPUGNED DISALLOWANCES MADE BY THE A.O. IS MUCH LESS THAN RS . 10 LACS AND THE CBDT VIDE CIRCULAR NO. 21/2015 DATED 10.12.2015 HAS DIRECTED THE REVENUE AUTHORITIES NOT TO FILE APPEAL IN CASES WHE RE THE TAX EFFECT DOES NOT EXCEED THE MONETARY LIMITS OF RS. 10 LACS. IN THE LIGHT OF THE AFOREMENTIONED CIRCULAR OF THE CBDT, THIS APPEAL BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON 22 - 07 - 2 016. SD/- SD/- (S. K. YADAV) (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