The ITO, Ward-14(4), Ahmedabad V. Shri Kaushik K.Prajapati, Ahmedabad

ITA 1576/AHD/2011

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 50810 (ITAT-AHMEDABAD)
• Duration Of Justice: 4 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-10-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2008-2009
• Appeal Filed On: 03-06-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A K PATEL
• Keywords: Unexplained investment; Tax effect

Judgement Text

- 1 - IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH D AHMEDABAD BEFORE S/SHRI MUKUL KR. SHRAWAT, JM AND A. K. GAROD IA, AM INCOME-TAX OFFICER, WARD 14(4), AHMEDABAD. VS. SHRI KAUSHIK K. PRAJAPATI, 2, GOPINATH FLAT, NR. HANDRANAGAR, NAVRANGPURA ROAD, PALDI, AHMEDABAD (APPELLANT) .. (RESPONDENT) APPELLANT BY :- SHRI A. K. PATEL, DR RESPONDENT BY:- NONE DATE OF HEARING : 30/9/2011 DATE OF PRONOUNCEMENT : 14/10/2011. O R D E R PER A. K. GARODIA, ACCOUNTANT MEMBER . THIS APPEAL HAS BEEN FILED BY THE REVENUE AGAINST THE ORDER OF LD. CIT(A) DATED 8/4/2011 FOR ASST. YEAR 2008-09. THE G ROUND RAISED BY THE REVENUE IN THIS APPEAL IS AS UNDER :- (1) THE LD. CIT(A) HAS ERRED IN LAW AND ON FACTS IN DEL ETING THE ADDITION OF RS.8,00,000/- ON ACCOUNT OF UNEXPLAINED INVESTMENT MADE IN SHARES OF ADARSH ENGITECH PROJECT (P) LTD. ITA NO.1576/AHD/2011 ASST. YEAR :2008-09 ITA NO.1576/AHD/2011 ASST. YEAR 2008-09 2 2. NONE APPEARED ON BEHALF OF THE ASSESSEE. AN ADJO URNMENT APPLICATION WAS FILED ON 29/9/2011 BUT SINCE NO REA SONABLE CAUSE WAS SHOWN FOR ADJOURNMENT, WE REJECTED THE ADJOURNMENT APPLICATION AND WE PROCEED TO DECIDE THE APPEAL AFTER HEARING THE LD. DR AND CONSIDERING THE MATERIAL ON RECORD. THE LD. DR SUPPORTED THE ORDER OF THE ASSESSING OFFICER. AT THIS JUNCTURE, IT WAS POINTED OUT THAT AS PER RECENT BOARD INSTRUCTION NO.3/2011 DATED 9.2.2011, REVENUE IS NO T SUPPOSED TO FILE APPEAL BEFORE THE TRIBUNAL IF TAX EFFECT IS BELOW R S.3 LACS. SINCE THE PRESENT APPEAL IS FILED IN JUNE, 2011 AND TAX EFFEC T IS BELOW RS. 3 LACS, HOW THIS APPEAL IS MAINTAINABLE. IN REPLY LD. DR OF THE REVENUE HAD NOTHING TO SAY. 4. WE ARE OF THE CONSIDERED OPINION THAT AS PER THI S INSTRUCTION, THE REVENUE IS NOT SUPPOSED TO FILE APPEAL BEFORE THE T RIBUNAL, WHERE TAX EFFECT IS RS.3,00,000/- OR LESS. THIS REVISED INSTR UCTION IS DATED 9.2.2011. THE PRESENT APPEAL HAS BEEN FILED BY THE REVENUE IN THE MONTH OF JUNE, 2011. WE FIND THAT AS PER GROUND RAISED BY THE REVE NUE THE ONLY GRIEVANCE OF THE REVENUE IS FOR DELETION OF ADDITIO N OF RS.8,00,000/- MADE BY THE AO ON ACCOUNT OF UNEXPLAINED INVESTMENT IN SHARES OF ADARSH ENGITECH PROJECT (P) LTD. HENCE, TAX EFFECT IN THE PRESENT CASE IS BELOW RS.3,00,000/-. SINCE THE PRESENT APPEAL WAS F ILED IN THE MONTH OF JUNE, 2011 AND THE REVISED INSTRUCTION IS DATED 9.2 .2011, THE SAME IS ITA NO.1576/AHD/2011 ASST. YEAR 2008-09 3 APPLICABLE AND AS PER THIS INSTRUCTION, NO APPEAL I S REQUIRED TO BE FILED BY THE REVENUE BEFORE THE TRIBUNAL WHERE THE TAX EFFEC T DOES NOT EXCEED RS.3,00,000/-. HENCE, THIS APPEAL OF THE REVENUE IS NOT MAINTAINABLE AS PER ABOVE INSTRUCTION. THE APPEAL OF THE REVENUE IS DISMISSED BECAUSE OF LOW TAX EFFECT. 5. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED. ORDER WAS PRONOUNCED IN OPEN COURT ON 14 TH OCTOBER, 2011. SD/- SD/- (MUKUL KR. SHRAWAT) (A. K. GARODIA) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD, MAHATA/- COPY OF THE ORDER FORWARDED TO :- 1. THE ASSESSEE. 2. THE REVENUE. 3. THE CIT(APPEALS)- 4. THE CIT CONCERNS. 5. THE DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER, DEPUTY / ASSTT.REGISTRAR ITAT, AHMEDABAD 1.DATE OF DICTATION 4/10/2010. 2.DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE TH E DICTATING MEMBER.OTHER MEMBER 12/10/2011 3.DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. P.S./P.S. 4.DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT.. 5.DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR .P.S./P.S 6.DATE ON WHICH THE FILE GOES TO THE BENCH CLERK .. 7.DATE ON WHICH THE FILE GOES TO THE HEAD CLERK . 8.THE DATE ON WHICH THE FILE GOES TO THE ASSTT. REG ISTRAR FOR SIGNATURE ON THE ORDER 9.DATE OF DESPATCH OF THE ORDER..