The ITO, Ward-2(4), Bhavnagar V. Smt. Hansaben Y.Sagar, Bhavnagar

ITA 1653/AHD/2012

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 9762 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 5 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-01-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 27-01-2016
• Assessment Year: 2008-2009
• Appeal Filed On: 31-07-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DINESH SINGH
• Assessee Lawyers: B K PAPAT
• Keywords: Unexplained cash credit; Tax effect
• Section: 68

Judgement Text

IT A NO. 1653 / AHD/ 201 2 ASSESSMENT YEAR: 200 8 - 09 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL, AHMEDABAD A BENCH, AHMEDABAD [CORAM : PRAMOD KUMAR AM AND S S GODARA JM] I TA NO. 1653 /AHD/201 2 A SSESSMENT Y EAR : 20 0 8 - 09 INCOME TAX OFFICER, .APPELLANT WARD 2 ( 4 ), BHAVNAGAR. VS. HAN S ABEN Y . SAGAR, . RESPONDENT DABGAR SHERI, KHAR ZAPA, MAHUVA, DIST. BH A VNAGR . [ P AN: BKQPS 6765 K ] APPEARANCES BY: DINESH SINGH , FOR THE A PPELLANT B.K. PAPAT , FOR THE RESPONDENT D ATE OF CONCLUDING THE HEARING: JANUARY 27 TH , 201 6 DATE OF PRONOUNCING THE ORDER : JANUARY 28 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 18 TH MAY , 201 2 , PASSED BY THE LD. CIT(A), FOR THE ASSESSMENT YEAR 200 8 - 09 , ON THE FOLLOWING GROUNDS : - 1 T HE LD. CIT(A) - XX, AHMEDABAD HAS ERRED IN LAW AND ON FACTS IN DELETING THE ADDITION MADE BY THE ASSESSING OFFICER ON ACCOUNT OF UNEXPLAINED CASH CREDITS U/S 68 OF THE I.T. ACT. 1. 2 T H E LD . CIT (A) HAS FAILED T O APPRECIAT E THE ADVERSE REMARKS OF THE ASSESSING OFFICER IN HIS REMAND REPORT. 1. 3 FURTHER, THE DECISION OF THE LD. CIT(A) IS NOT ACCEPTABLE ON FACTS. 2. IT IS THEREFORE, PRAYED THAT THE ORDER OF THE CIT(A) BE SET ASIDE AND THAT OF THE ASSESSING OFFICER BE RESTORED T O THE ABOVE EXTENT. IT A NO. 1653 / AHD/ 201 2 ASSESSMENT YEAR: 200 8 - 09 PAGE 2 OF 2 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NO.21/2015 DATED 10 TH DECEMBER, 2015, WE ARE OF THE CONSIDERED VIEW THAT THI S APPEAL IS LIABLE TO BE DISMISSED AS WITHDRAWN FOR THE SIMPLE REASON THAT TAX EFFECT INVOLVED IN THE APPEAL IS LESS THAN RS.10,00,000/ - . 3.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, APPEAL IS DISMISSED. P RONOUNCED IN THE OPEN COURT ON THIS 28 TH DAY OF JANUARY, 2016. SD/ - SD/ - S S GODA RA PRAMOD KUMAR (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) DATED: THE 28 TH DAY OF JANUARY , 201 6 . PBN/ * COPIES TO : (1) THE APP E LLANT ( 2) THE RESPONDENT (3) CIT (4) CIT(A) (5) DR (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD