The ACIT,B.K. Circle, Palanpur V. Shri Shivrambhai I.Patel, Palanpur

ITA 1610/AHD/2012

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 9469 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 6 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-02-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 11-02-2016
• Assessment Year: 2008-2009
• Appeal Filed On: 24-07-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: J P JANGID
• Keywords: Tax effect

Judgement Text

I.T.A. NO . 1610 /AHD/2012 ASSESSMENT YEAR: 2008 - 09 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL, AHMEDABAD B BENCH, AHMEDABAD [CORAM : PRAMOD KUMAR AM AND KUL BHARAT JM ] I.T.A. NO. 1610 /AHD/ 20 1 2 ASSESSMENT YEAR : 2008 - 09 ASSTT. COMMISSIONER OF INCOME TAX , .. .APPELLANT B.K. CIRCLE, PALANPUR . VS. SHIVRAMBHAI I. PATEL, .. . RESPONDENT C/O. SHIVAM SALES AGENCY, NATIONAL HIGH WAY, OPP. GAYATRI TEMPLE, PALANPUR . [PAN: A EIPP 9910 N ] APPEARANCES BY: J.P. JANGID , FOR THE APPELLANT VIVEK CHAVDA , FOR THE RESPONDENT D ATE OF CONCLUDING TH E HEARING : FEBRUARY 11 TH , 201 6 DATE OF PRONOUNCING THE ORDER : FEBRUARY 15 TH , 201 6 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 2 1 ST MAY, 2012, PASSED BY THE LD. CIT(A), FOR THE ASSESSMENT YEAR 2008 - 09 , ON THE FOLLOWING GROUNDS : - 1 . THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - XX, AHMEDABAD HAS ERRED IN LAW AND ON FACTS IN D ELETING THE DISALLOWANCE MADE U/S.14A OF THE ACT AMOUNTING TO RS.2,09,596/ - . 2 . THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - XX, AHMEDABAD HAS ERRED IN LAW AND ON FACTS IN RESTRICTING THE DISALLOWANCE OF IN T EREST, TO THE TUNE OF RS.52,864/ - OUT OF TOTAL DISALLOWANCE AMOUNTING TO RS.11,08,800/ - MADE BY THE ASSESSING OFFICER. I.T.A. NO . 1610 /AHD/2012 ASSESSMENT YEAR: 2008 - 09 PAGE 2 OF 2 3 . ON THE FACTS AND CIRCUMSTANCES OF THE CASE, THE LD. COMMISSIONER OF INCOME TAX (A PPEALS) - XX, AHMEDABAD OUGHT TO HAVE UPHELD THE ORDER OF THE ASSESSING OFFICER. 4 . IT IS , THEREFORE, PRAYED THAT THE ORDER OF THE LD. COMMISSIONER OF INCOME - TAX (A PPEALS) - XX, AH MEDABAD MAY BE SET - ASIDE AND THAT OF THE ASSESSING OFFICER BE RESTORED. 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 D ECEMBER, 2015, WE ARE OF THE CONSIDERED 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, THE APPEAL IS DISMISSED. P RONOUNCED IN THE OPE N COURT ON THIS 15 TH DAY OF FEBRUARY, 2016 . SD/ - SD/ - KUL BHARAT PRAMOD KUMAR (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) PBN/* DATED: THE 15 TH DAY OF FEBRUARY , 201 6 . 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