The ACIT, Circle-15, Ahmedabad V. Shri Nanakram Lalchand Motwani, Ahmedabad

ITA 1640/AHD/2010

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 5870 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-07-2010
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 08-07-2010
• Assessment Year: 2007-2008
• Appeal Filed On: 18-05-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P R GHOSH
• Keywords: Tax effect; Revised return
• Section: 154

Judgement Text

- 1 - IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH SMC AHMEDABAD BEFORE SHRI D.C.AGRAWAL, ACCOUNTANT MEMBER ASSTT. CIT, CIRCLE-15, AHMEDABAD. VS. SHRI NANAKRAM LALCHAND MOTWANI, 17/181, NIDHI APARTMENT, SHASHTRI NAGAR, NARANPURA, AHMEDABAD-380 013. (APPELLANT) .. (RESPONDENT) ASSESSEE BY :- NONE REVENUE BY:- SHRI P. R. GHOSH, DR O R D E R PER D. C. AGRAWAL, ACCOUNTANT MEMBER . THIS IS AN APPEAL FILED BY THE REVENUE RAISING FOL LOWING GROUNDS :- (1) THE LD. CIT(A) HAS ERRED IN LAW AND ON FACTS IN DEL ETING THE ADDITION OF RS.4,07,298/- U/S 10(10C) OF THE I.T. A CT RELYING UPON THE DECISIONS OF HON. ITAT OF MUMBAI AND AHMED ABAD AS CITED BY THE AUTHORISED REPRESENTATIVE OF THE AS SESSEE. (2) THE DECISION QUOTED BY THE LD. CIT(A) DOES NOT FALL INTO THE FOUR CORNERS OF THIS CASE AS IT PERTAINS TO OERS SCHEME OF RBI AND NOT STATE BANK OF PATIALA OR STATE BANK OF INDIA. (3) THE LD. CIT(A) HAS IGNORED THE CIRCULAR NO.F.NO.200 /34/2009- ITA.1 DATED 6.10.2009 OF CBDT ACCORDING TO WHICH EM PLOYEES OF STATE BANK OF PATIALA AND STATE BANK OF INDIA AR E NOT ELIGIBLE FOR DEDUCTION U/S 10(10C) OF THE INCOME-TAX ACT, 19 61. ITA NO.1640/AHD/2010 ASST. YEAR :2007-08 2 2. THE ASSESSEE WAS WORKING IN THE STATE BANK OF INDIA AND HE TOOK VOLUNTARY RETIREMENT UNDER THE EXIT OPTION SCHEME O F THE SBI AGAINST WHICH HE GOT SOME EX GRATIA PAYMENT. THE RETURN OF INCOME HAS BEEN FILED BY THE ASSESSEE SHOWING TOTAL INCOME OF RS.5, 84,660/-. THE ASSESSEE ALSO FILED APPLICATION FOR RECTIFICATION U/S 154 OF THE IT ACT, 1961. HE FILED REVISED RETURN OF INCOME CLAIMING RS.4,07,298 /- U/S 10(10C). THE AO DID NOT AGREE WITH THE ASSESSEE AND REJECTED TH E CLAIM OF ASSESSEE. THE LD. CIT(A) HAS DELETED THE ADDITION, RELYING UP ON THE DECISIONS OF ITAT, MUMBAI AND AHMEDABAD BENCHES. 3. NONE APPEARED ON BEHALF OF THE ASSESSEE. AFTER HEAR ING THE LD. DR AND CONSIDERING THE FACTS OF THE CASE I AM OF THE V IEW THAT THE REVENUE EFFECT IN THIS CASE IS LESS THAN RS.2 LACS. DEPARTM ENT OUGHT NOT HAVE FILED THE APPEAL WHERE THE TAX EFFECT IS BELOW RS.2 LACS. MY VIEW IS SUPPORTED BY THE DECISION OF HON. DELHI HIGH COURT IN THE CAS E OF CIT VS. MANGLAM RICINUS LTD. (2008) 174 TAXMAN 186 (DEL) AND OTHERS . AS THE APPEAL SO FILED IS AGAINST THE EXECUTIVE INSTRUCTIONS WHICH A RE BINDING ON THE DEPARTMENT, I DISMISS THE APPEAL IN LIMINE. 4. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED. ORDER WAS PRONOUNCED IN OPEN COURT ON 8/7/2010 SD/- (D.C.AGRAWAL) ACCOUNTANT MEMBER AHMEDABAD, DATED : 8/7/2010 MAHATA/- 3 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