The ACIT, Circle-4, Surat V. M/s. Zota Health Care Ltd., Surat

ITA 1845/AHD/2012

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 9471 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 5 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-02-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 15-02-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 24-08-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Gross profit estimation; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD C BENCH (BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER & SHRI S. S. GODARA, JUDICIAL MEMBER) ITA. NOS: 1845 & 1860/AHD/2012 (ASSESSMENT YEAR: 2009-10) THE ACIT,CIRCLE-4, SURAT V/S M/S. ZOTA HEALTH CARE LTD., 2/896, ZOTA HOUSE, NR. NAVSARJAN HOSPITAL, HIRA MODI STREET, SAGRAMPURA, SURAT (APPELLANT) (RESPONDENT) M/S. ZOTA HEALTH CARE LTD., 2/896, ZOTA HOUSE, NR. NAVSARJAN HOSPITAL, HIRA MODI STREET, SAGRAMPURA, SURAT V/S THE JT. CIT (OSD), CIRCLE- 4, SURAT (APPELLANT) (RESPONDENT) PAN: AAACZ 1196M APPELLANT BY : MS. URVASHI SHODHAN, AR RESPONDENT BY : MS. USHA SHROTE, SR. D.R. ( )/ ORDER DATE OF HEARING : 15 -02-201 6 DATE OF PRONOUNCEMENT : 15 -02-2016 PER N.K. BILLAIYA, ACCOUNTANT MEMBER: ITA NO. 1845 & 1860/AHD/2012 . A.Y.2009-201 0 2 1. THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINS T THE ORDER OF THE LD. CIT(A)-IV, SURAT DATED 31.05.2012 PERTAINING TO A.Y . 2009-2010 AND THE ASSESSEE IS IN CROSS APPEAL IN ITA NO. 1860/AHD /2012 AGAINST THE VERY SAME ORDER OF THE LD. CIT(A). 2. THE FIRST GRIEVANCE OF THE REVENUE RELATES TO THE R ESTRICTION OF THE ADDITION OF 24,20,994/- TO RS. 7,65,034/- MADE BY T HE A.O ON ACCOUNT OF UNACCOUNTED SALES. THE SECOND GRIEVANCE RELATES TO THE DELETION OF THE ADDITION MADE ON ACCOUNT OF LOW GROSS PROFIT RA TIO OF RS. 9,61,971/-. 3. AT THE VERY OUTSET, THE LD. COUNSEL FOR THE ASSESSE E POINTED OUT THAT THE DISPUTED RELIEF GIVEN BY THE LD. CIT(A) AMOUNTS TO RS. 2617931/- AND, THEREFORE, THE TAX EFFECT IS LESS THAN RS. 10 LACS. IT IS THE SAY OF THE LD. COUNSEL THAT THE REVENUES APPEAL SHOULD FA IL IN THE LIGHT OF THE CBDT CIRCULAR NO. 21/2015 DATED 10.12.2015. THE LD. D.R. FAIRLY CONCEDED TO THIS. 4. WE HAVE GIVEN A THOUGHTFUL CONSIDERATION TO THE QUA NTUM INVOLVED IN THE PRESENT APPEAL. WE FIND FORCE IN THE CONTENTION OF THE LD. COUNSEL, THE IMPUGNED TAX EFFECT IS LESS THAN 10 LACS AND, T HEREFORE, THIS APPEAL IS DISMISSED IN THE LIGHT OF THE CIRCULAR NO. 21/20 15 DATED 10.12.2015. 5. APPEAL FILED BY THE REVENUE IS ACCORDINGLY DISMISSE D. 6. ARGUING FOR ASSESSEES APPEAL, THE LD. COUNSEL STAT ED THAT UNDER THE INSTRUCTIONS SHE IS NOT PRESSING THE APPEAL. ON SUC H CONCESSION, THE APPEAL FILED BY THE ASSESSEE IS ALSO DISMISSED. ITA NO. 1845 & 1860/AHD/2012 . A.Y.2009-201 0 3 7. IN THE RESULT, BOTH THE APPEALS OF ASSESSEE AND REV ENUE ARE DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON 15 - 02- 2016. SD/- SD/- (S. S. GODARA) (N. K. BILLAIYA) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD: TRUE COPY RAJESH COPY OF THE ORDER FORWARDED TO: - 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT (APPEALS) 4. THE CIT CONCERNED. 5. THE DR., ITAT, AHMEDABAD. 6. GUARD FILE. BY ORDER DEPUTY/ASSTT.REGISTRAR ITAT,AHM EDABAD