The ITO,Vapi Ward-2, Vapi V. Shri Pankilkumar Ishwarbhai Panchal, Vapi

ITA 1530/AHD/2012

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 9769 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 6 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-01-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 21-01-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 11-07-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DINESH SINGH
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD A BENCH (BEFORE SHRI S.K. YADAV, JUDICIAL MEMBER & SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER) ITA. NO: 1530/AHD/2012 (ASSESSMENT YEAR: 2009-10) INCOME-TAX OFFICER, VAPI WARD-2, VAPI. V/S PANKILKUMAR ISHWARBHAI PANCHAL FLAT NO. 405, ASHUTOSH SOCIETY ALKAPURI, VAPI (APPELLANT) (RESPONDENT) PAN: AKZPP2034L APPELLANT BY : SHRI DINESH SINGH, SR. D.R . RESPONDENT BY : NONE ( )/ ORDER DATE OF HEARING : 21 -01-201 6 DATE OF PRONOUNCEMENT : 21 -01-2016 PER N.K. BILLAIYA, ACCOUNTANT MEMBER: 1. THIS APPEAL BY THE REVENUE IS PREFERRED AGAINST THE ORDER OF THE LD. CIT(A)-VALSAD DATED 31.03.2012 PERTAINING TO A.Y. 2 009-2010. 2. THE SOLE GRIEVANCE OF THE REVENUE RELATES TO THE DE LETION OF THE ADDITION OF RS. 32,44,537/- MADE ON ACCOUNT OF UNDI SCLOSED SOURCE. ITA NO. 1530 /AHD/2012 . A.Y. 2009-2 010 2 3. AT THE VERY OUTSET, THE COUNSEL FOR THE ASSESSEE PO INTED OUT THAT THE TAX EFFECT INVOLVED IN THE IMPUGNED ADDITION IS LES S THAN RS. 10 LACS. WE FIND FORCE IN THE CONTENTION OF THE LEARNED COUN SEL, THE MONETARY LIMIT FIXED BY THE CBDT FOR FILING BEFORE THE TRIBU NAL IS 10 LACS AND ABOVE VIDE A CIRCULAR NO. 21/2015 DATED 10.12.2015. RESPECTFULLY, THE CBDT CIRCULAR THIS APPEAL BY THE REVENUE IS DISMISS ED. 4. HOWEVER, IF THE REVENUE FEELS THAT THE EFFECT IS HI GHER THAN RS. 10 LACS, THE REVENUE MAY APPROACH THE TRIBUNAL AS PER THE PROVISIONS OF THE LAW. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISS ED. 6. DECISION PRONOUNCED IN THE OPEN COURT. ORDER PRONOUNCED IN OPEN COURT ON 21 - 01 - 2016. 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