The ACIT, Cirecle - 7, Ahmedabad V. Shri Arvind Revchandbhai Shah, Ahmedabad

ITA 2077/AHD/2013

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 1330 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 10 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-06-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 29-06-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 06-08-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: P M MEHTA WITH G M THAKOR
• Keywords: Tax effect
• Section: 10

Judgement Text

I.T.A. NO . 2077 / AHD/201 3 A SSESSMENT Y EAR S : 20 0 9 - 10 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH, SMC , AHMEDABAD [CORAM: PRAMOD KUMAR AM] I.T.A. NO. 2077 /AHD/ 20 1 3 ASSESSMENT Y EAR : 20 0 9 - 10 ASSTT. COMMISSIONER OF INCOME TAX CIRCLE - 7 , AHMEDABAD. .......... .APPELLANT VS. ARVIND REVCH ANDBHAI SHAH, ............ . RESPONDENT B - 1, DIAM O ND PARK, B/H . M C COMMERCE COLLEGE, USMANPURA, AHMEABAD 380 013. [PAN: A CIPS 7989 G ] APPEARANCES BY: KEYUR PATEL , FOR THE APPELLANT P.M. MEHTA WITH G.M. THAKOR , FOR THE RESPONDENT D ATE OF C ONCLUDING THE HEARING : JUNE 29 T H , 201 6 DATE OF PRONOUNCING THE ORDER : JUNE 29 TH , 201 6 O R D E R 1. BY WAY OF THIS APPEAL, THE ASSESSING OFFICER HAS CHALLENGED CORRECTNESS OF THE ORDER DATED 18.06.2013 , PASSED BY THE L EARNED CIT(A), FOR THE ASSESSMENT YEAR 20 0 9 - 10 , ON THE FOLLOWING GROUNDS : - 1. T HE LD. CIT(A) HAS ERRED IN LAW AND ON FACTS IN DELETING THE ADDITION OF RS. 10,19,127 / - MADE BY THE ASSESSING OFFICER, ON ACCOUNT OF CESSION OF LIABILITY U/S.41(1) OF THE I.T. ACT. 2 . ON THE FACTS AND CIRCUMSTANCES OF THE CASE , THE LD. COMMISSIONER OF INCOME TAX (A) OUGHT TO HAVE UPHELD THE ORDER OF THE ASSESSING OFFICER. 3. IT IS , THEREFORE , PRAYED THAT THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (A) MAY BE SET - ASIDE AND THAT OF THE ASS ESSING OFFICER BE RESTORED. I.T.A. NO . 2077 / AHD/201 3 A SSESSMENT Y EAR S : 20 0 9 - 10 PAGE 2 OF 2 2. I 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NO.21/2015 DATED 10 TH DECEMBER, 2015, I AM OF THE CONSIDERED VIEW THAT THIS APPEAL IS LIABLE TO BE DISMISSED AS WITHDRAWN FOR THE SIMPLE REASON THAT TAX EFFECT INVOLVED IN THE APPEAL IS LESS THAN RS.10,00,000/ - . 3.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, THE APPEAL IS DISMISSED. PRONOUNCED IN THE OPEN COURT ON THIS 29 TH DAY OF JUNE , 2016. SD/ - PRAMOD KUMAR (ACCOUNTANT MEMBER) DATED: THE 29 TH DAY OF JUNE , 2016. PBN/* COPIES TO: (1) THE APPELLANT (2) THE RESPONDENT (3) CIT (4) CIT(A) (5) DR ( 6) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD