ITO, Ward-1(1)(2), Ahmedabad V. Anchor Cargo Lines Pvt. Ltd., Ahmedabad

ITA 1916/AHD/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 8068 (ITAT-AHMEDABAD)
• Duration Of Justice: 10 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-06-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2005-2006
• Appeal Filed On: 22-08-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

, LH LHLH LH IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, AHMEDABAD LOZJH LOZJH LOZJH LOZJH OLHE OLHE OLHE OLHE VGEN VGEN VGEN VGEN] YS[KK LNL; , ] YS[KK LNL; , ] YS[KK LNL; , ] YS[KK LNL; ,OA OAOA OA EK/ EK/EK/ EK/KQFERK KQFERK KQFERK KQFERK JKW; JKW;JKW; JKW;] U; ] U;] U; ] U;KF KFKF KF;D LNL; ;D LNL; ;D LNL; ;D LNL; DS LE{KA DS LE{KA DS LE{KA DS LE{KA BEFORE SHRI WASEEM AHMED, ACCOUNTANT MEMBER AND SMT MADHUMITA ROY, JUDICIAL MEMBER ./ I.T.A. NO.1916/AHD/2017 ( / ASSESSMENT YEAR : 2005-06) ITO, WARD 1(1)(2), AHMEDABAD 380 015 / VS. M/S ANCHOR CARGOLINES PVT. LTD, 107, PANLEE COMPLEX, OPP. SARDAR PATEL SEVA SAMAJ HALL, MITHAKHALI SIX ROAD, ELLISBRIDGE, AHMEDABAD. ./ ./ PAN/GIR NO. : AACCA 3353 M ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : --NONE-- / RESPONDENT BY : SHRI PRASOON KABRA, SR. D.R. / DATE OF HEARING 26/06/2018 !'# / DATE OF PRONOUNCEMENT 28/06/2018 $% / O R D E R PER WASEEM AHMED, ACCOUNTANT MEMBER: THE CAPTIONED APPEAL HAS BEEN FILED AT THE INSTANCE OF THE REVENUE AGAINST THE APPELLATE ORDER OF THE COMMISSIONER OF INCOME T AX(APPEALS)-1, AHMEDABAD [CIT(A) IN SHORT] VIDE APPEAL NO.CIT(A)-1/ITO, WD- 1(1)(2/193/2016-17) DATED 30.06.2017 ARISING IN THE ASSESSMENT ORDER PASSED UNDER S.143(3) OF THE INCOME TAX ACT, 1961 ( HERE-IN-AFTER REFERRED TO AS 'THE ACT') DATED 26.08.2016 RELEVAN T TO ASSESSMENT YEAR (AY) 2005-06. ITA NO.1916/AHD/2017 ITO VS. M/S. ANCHOR CARGO LINES PVT. LTD. ASST.YEAR 2005-06 - 2 - 2. THE GROUNDS OF APPEAL RAISED BY THE REVENUE ARE AS UNDER:- THAT THE LD. CIT(A) HAS ERRED IN LAW AND ON FACTS IN DELETING THE DISALLOWANCE OF RS.28,82,501/- MADE UNDER SECTION 4 0(A)(IA) OF THE I.T.ACT, 1961. ON THE FACT AND IN THE CIRCUMSTANCES OF THE CASE AN D IN LAW, THE CIT(A) OUGHT TO HAVE UPHELD THE ORDER OF THE ASSESSING OFF ICER TO THE EXTENT MENTIONED ABOVE SINCE THE ASSESSEE HAS FAILED TO DI SCLOSE HIS TRUE INCOME/BOOK PROFIT. THE APPELLANT PRAYS THAT THE ORDER OF CIT(A) ON THE ABOVE GROUNDS BE SET ASIDE AND THAT OF THE ASSESSING OFFICER BE REST ORED TO THE ABOVE EXTENT. THE APPELLANT CRAVES, TO LEAVE, TO AMEND OR ALTER ANY GROUND OR ADD A NEW GROUND WHICH MAY BE NECESSARY. 3. AT THE OUTSET, WE FIND THAT TAX EFFECT IN THIS A PPEAL FILED BY THE REVENUE IS BELOW THE LIMIT OF 10 LAKH WHICH WAS FIXED BY THE CBDT VIDE CIRCULAR NO. 21 OF 2015 DATED 10.12.2015 FOR NOT FILING APPEALS BEFORE THE TRIBUNAL. HOWEVER, THERE ARE CERTAIN EXC EPTIONS CURVED OUT IN THE SAID CIRCULAR WHERE THE MONETARY LIMIT OF RS. 1 0 LACS IS NOT APPLICABLE BUT LD. DR COULD NOT POINT OUT THAT PRESENT APPEAL FALLS UNDER ANY OF THE EXCEPTIONS MENTIONED IN THE SAID CIRCULAR. IN THESE CIRCUMSTANCES, THIS APPEAL FILED BY THE REVENUE STAND DISMISSED IN LIMINE ON ACCOUNT OF LOW TAX EFFECT. 4. IN THE RESULT, REVENUES APPEAL STANDS DISMISSED IN LIMINE . THIS ORDER PRONOUNCED IN OPEN COURT ON 28/06/2018 SD/- SD/- E/KQFERK JKW; E/KQFERK JKW; E/KQFERK JKW; E/KQFERK JKW; OLHE VGEN OLHE VGEN OLHE VGEN OLHE VGEN U;KF;D LNL; U;KF;D LNL; U;KF;D LNL; U;KF;D LNL; YKS[KK LN YKS[KK LN YKS[KK LN YKS[KK LN L; L; L; L; (MADHUMITA ROY) (WASEEM AHMED) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD; DATED 28/06/2018 PRITI YADAV, SR.PS ITA NO.1916/AHD/2017 ITO VS. M/S. ANCHOR CARGO LINES PVT. LTD. ASST.YEAR 2005-06 - 3 - !'# $#! / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. & '( ) / CONCERNED CIT 4. ) () / THE CIT(A)-1, AHMEDABAD. 5. ,-. //'( , '(# , 12$&$ / DR, ITAT, AHMEDABAD 6. .34 5 / GUARD FILE. % & / BY ORDER, , / //TRUE COPY// '/& () ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD 1. DATE OF DICTATION 27/06/2018 . 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 27/06/2018. 3. OTHER MEMBER 4. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P. S./P.S .. 5. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 6. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P .S./P.S. 7. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 8. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK ... 9. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER.. 10. DATE OF DESPATCH OF THE ORDER