The ACIT,Valsad Circle, Valsad V. Shri Bhupendra Ishverlal Chauhan, Valsad

ITA 1683/AHD/2011

• Counselvise Citation: [2015] 121 COUNSELVISE.COM (IT) 1231 (ITAT-AHMEDABAD)
• Duration Of Justice: 4 year(s) 1 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-08-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 19-08-2015
• Assessment Year: 2008-2009
• Appeal Filed On: 22-06-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VILAS SHGINDE
• Keywords: Tax effect

Judgement Text

, D IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, AHMEDABAD BEFORE SHRI G.D. AGRAWAL, VICE PRESIDENT AND SHRI S.S. GODARA,JUDICIAL MEMBER I.T.A.NO.1683/AHD/2011 / ASSESSMENT YEAR: 2008-09 ASSISTANT COMMISSIONER OF INCOME TAX, VALSAD CIRCLE, VALSAD VS SHRI BHUPENDRA ISHVERLAL CHAUHAN, T-10, GOVERNMENT COLONY, TITHAL ROAD, VALSAD. (PAN ABBPC0584F) / (APPELLANT) / (RESPONDENT) REVENUE BY : MR. VILAS SHGINDE, SR. D.R. ASSESSEE BY : NONE. / DATE OF HEARING : 19/08/2015 / DATE OF PRONOUNCEMENT : 19/08/2015 / O R D E R PER G.D. AGRAWAL, VICE PRESIDENT : THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF THE CIT (A) VALSAD DATED 24-02-2011 FOR THE ASSESSMENT YEAR 2008-09. ITA NO 1683 /AHD/2011 SHRI BHUPENDRA I. CHAUHAN. ASSESSMENT YEAR 2008-09 2 2. THE SOLE ISSUE INVOLVED IN THIS APPEAL IS THAT T HE CIT (A) ERRED IN DELETING THE ADDITION OF RS.5,00,000/- ON ACCOUNT O F DISALLOWANCE OF CLAIM OF EXEMPTION U/S. 10(10C) OF THE INCOME TAX A CT. 3. AT THE OUTSET THE DEPARTMENTAL REPRESENTATIVE VE RY FAIRLY CONCEDED THAT THE TAX EFFECT IN THE PRESENT APPEAL IS BELOW RS. 3LAKH AND THEREFORE, IN VIEW OF THE C.B.D.T. INSTRUCTION NO.3/2011 DATED 9-2- 2011 WHICH PROVIDES THAT NO APPEAL SHOULD BE FILED BEFORE THE TRIBUNAL WHERE THE TAX EFFECT IS BELOW RS.3 LAKH THE APPEAL FILED BY THE REVENUE IS LIABLE TO BE DISMISSED. 3. IN VIEW OF THE ABOVE SUBMISSION OF THE LD. DEPAR TMENTAL REPRESENTATIVE, WE DISMISS THE APPEAL FILED BY THE REVENUE. ORDER PRONOUNCED IN THE COURT ON 19TH AUGUST, 201 5 AT AHMEDABAD. SD/- SD/- (S.S. GODARA) JUDICIAL MEMBER (G.D. AGRAWAL) VICE PRESIDENT AHMEDABAD. DATED: 19 / 08 /2015 !'# $# / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / CONCERNED CIT 4. ( ) / THE CIT(A)-III, SURAT. 5. !' ## , / DR, ITAT, 6. '$% / GUARD FILE. / BY ORDER, / ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD