Appeal details
Counselvise Citation
[2016] 133 COUNSELVISE.COM (IT) 9877 (ITAT-AHMEDABAD)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
3 year(s) 5 month(s) 26 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
13-01-2016
Appeal Filed By
Department
Order Result
Dismissed
Bench Allotted
D
Next Hearing Date
13-01-2016
Assessment Year
2009-2010
Appeal Filed On
17-07-2012
Judgement Text
, D IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, AHMEDABAD BEFORE S/SHRI RAJPAL YADAV,JM & MANISH BORAD, AM ./ITA.NO.1575/AHD/2012 ( / ASSTT YEAR :2009-10) ACIT, CIRCLE-3, AHMEDABAD. VS. EDELWEISS STOCK BROKING LTD., (FORMERLY KNOWN AS ANAGRAM STOCK BROKING LTD.) ANAGRAM HOUSE, DARSHAN SOCIETY, NR. HL COMMERCE SIX ROAD, NAVRANGPURA, AHMEDABAD. PAN : AABCA 9956F (APPELLANT) (RESPONDENT) / APPELLANT BY: MRS. SONIA KUMAR, SR.DR / RESPONDENT BY: SHRI VIJAY RANJAN, AR / DATE OF HEARING 13/01/2016 /DATE OF PRONOUNCEMENT 13-01-2016 / O R D E R PER MANISH BORAD, ACCOUNTANT MEMBER. THE REVENUE IS IN APPEAL BEFORE US AGAINST THE ORDE R OF LD. CIT (A)-6, AHMEDABAD, DATED 23.05.2012 PASSED FOR THE A SSTT.YEAR 2009-10. 2. FOLLOWING GROUNDS OF APPEAL HAVE BEEN RAISED IN THIS APPEAL :- (1) THE LD. CIT(A) HAS ERRED IN LAW AND ON FACTS IN DELETING THE ADDITION OF RS.11,55,972/- MADE ON ACCOUNT OF BAD D EBTS DESPITE THE FACT THAT THE CONDITION LAID DOWN U/S 36(2) OF THE ACT ARE NOT SATISFIED IN THIS CASE. ITA.NO.1575/AHD/2012 ASST. YEAR 2009-10 - 2 ON THE FACT AND IN THE CIRCUMSTANCES OF THE CASE A ND IN LAW, THE LD. CIT(A) OUGHT TO HAVE UPHELD THE ORDER OF THE ASSESS ING OFFICER TO THE EXTENT MENTIONED ABOVE SINCE THE ASSESSEE HAD F AILED TO DISCLOSE HIS TRUE INCOME /BOOK PROFIT. THE APPELLANT PRAYS THAT THE ORDER OF LD. CIT(A) O N THE ABOVE GROUNDS BE SET ASIDE AND THAT OF THE ASSESSING OFFI CER BE RESTORED TO THE ABOVE EXTENT. THE APPELLANT CRAVES, TO LEAVE , TO AMEND OR ALTER ANY GROUND OR ADD A NEW GROUND WHICH MAY BE N ECESSARY. 3. WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE MATERIAL ON RECORD. AFTER CONSIDERING THE RIVAL SUBMISSIONS AND GOING THROUGH THE FACTS OF THE CASE, WE FIND THAT T HIS APPEAL WAS PRESENTED ON 17/07/2012. ON 10.12.2015 THE CBDT HAS ISSUED INSTRUCTIONS BEAR ING NO. 21/2015 PROHIBITING ITS SUBORDINATE AUTHORITIES FROM FILING OF THE APPEAL TO THE TRIBUNAL AGAINST THE ORDER OF THE CIT(A) WHERE THE TAX EFFECT BY VIRTUE OF THE RELIEF GIVEN BY THE CIT(A) IS LESS THAN RS.10 L AKHS. THE INSTRUCTIONS HAVE BEEN MADE APPLICABLE WITH RETROSPECTIVE EFFECT , MEANING THEREBY, THESE INSTRUCTIONS ARE APPLICABLE ON PENDING APPEAL S ALSO. IN THE PRESENT CASE, THE ASSESSED INCOME OF THE ASSESSEE IS OF RS. 1,48,61,710/-. THE ADDITION DELETED BY THE CIT(A) IS RS.11,55,672/-. THE TAX EFFECT ON DELETION OF THIS TOTAL ADDITION WOULD BE LESS THAN RS.10 LAKHS. THE PRESENT APPEAL DESERVES TO BE DISMISSED BEING TREAT ED TO BE FILED IN VIOLATION OF CBDT INSTRUCTIONS. THE CASE DOES NOT FALL WITHIN THE AMBIT OF EXCEPTIONS PROVIDED IN THE INSTRUCTIONS. IT IS FURTHER OBSERVED THAT SINCE, WHILE HEARING THE APPEAL, SUCH FACTORS WERE NOT CONSIDERED, THEREFORE, IN CASE, ON RE-VERIFICATION AT THE END O F THE AO, IT CAME TO THE NOTICE THAT THE TAX EFFECT IS MORE OR IT FALLS WITH IN THE AMBIT OF EXCEPTIONS PROVIDED IN THE INSTRUCTION, THEN THE DEPARTMENT WI LL BE AT LIBERTY TO ITA.NO.1575/AHD/2012 ASST. YEAR 2009-10 - 3 APPROACH THE TRIBUNAL FOR RECALL OF THIS ORDER. SU CH APPLICATION SHOULD BE FILED WITHIN FOUR YEARS OF THIS ORDER. IN VIEW OF THE ABOVE, THE APPEAL OF THE REVENUE IS DISMISSED. 4. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSE D. ORDER PRONOUNCED IN THE COURT ON 13 JANUARY, 2016 A T AHMEDABAD. SD/- SD/- (RAJPAL YADAV) JUDICIAL MEMBER (MANISH BORAD) ACCOUNTANT MEMBER AHMEDABAD; DATED, 13/01/2016 ! '!/ COPY OF THE ORDER FORWARDED TO : 1. $% / THE APPELLANT 2. &$% / THE RESPONDENT. 3. '(( ) * / CONCERNED CIT 4. ) * ( ) / THE CIT(A)- 5. !-. , , DR,ITAT,AHMEDABAD. 6. .0 12 / GUARD FILE. ) ' / BY ORDER, ' (3 (ASSTT.REGISTRAR) ITAT, AHMEDABAD ITA.NO.1575/AHD/2012 ASST. YEAR 2009-10 - 4 1. DATE OF DICTATION .. : 13/1/2016 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER : 13/1/2016 3. OTHER MEMBER 4. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P. S./P.S 5. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 6. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P.S./P.S. 7. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 19/1/2016 8. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 9. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER.. 10. DATE OF DESPATCH OF THE ORDER
