The ACIT, Central Circle-1, Surat V. Smt. Hetal Abhay Shah, Surat

ITA 2088/AHD/2014

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 6108 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 9 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-04-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 25-04-2017
• Assessment Year: 2011-2012
• Appeal Filed On: 11-07-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Audit objection

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD C BENCH, AHMEDABAD BEFORE SHRI MAHAVIR PRASAD, JUDICIAL MEMBER AND SHRI, MANISH BORAD, ACCOUNTANT MEMBER I.T.A. NO.2088/AHD/2014 FOR A.Y.2011-12 & CO NO.263/AHD/2014 FOR A.Y. 2011-12 (ARISING OUT OF ITA NO. 2088/AHD/2014) THE ASSTT. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, SURAT. V/S SMT. HETAL ABHAY SHAH C-3, ARPAN APPT., NANPURA, TIMALIYAWAD, SURAT. (APPELLANT) (RESPONDENT) & CROSS OBJECTOR PAN: AKIPS 8903 L REVENUE BY : SHRI PRASOON KABRA, S R. DR ASSESSEE BY : WRITTEN SUBMISSION ( NONE) ( )/ ORDER DATE OF HEARING : 25/04/2017 DATE OF PRONOUNCEMENT : 25/04/2017 PER MAHAVIR PRASAD, JUDICIAL MEMBER: 1. THIS APPEAL HAS BEEN FILED BY THE REVENUE AND THE C ROSS-OBJECTION THEREOF FILED BY THE ASSESSEE ARE DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX(APPEALS)-II, AHMEDABAD, DATED 24/04/2014 FOR THE ASSESSMENT YEAR (AY) 2011-12. I.T.A. NO.2088/AHD/2014 & CO NO.263/AHD/2014(ARISING OUT OF I.T.A. NO.2088/AH D/2014) . A.Y. 2011-12 2 2. THE SUBSTANTIVE GRIEVANCE OF THE REVENUE READS AS U NDER:- THE LEARNED CIT(A) HAS ERRED IN LAW AND ON FACTS IN DELETING ADDITION OF RS.10,02,749/- OUT OF TOTAL ADDITION OF RS.13,24,21 6/- MADE ON ACCOUNT OF PROFIT ON ON-MONEY/UNACCOUNTED RECEIPT ON SALE OF PLOTS. 3. NONE APPEARED ON BEHALF OF ASSESSEE. HOWEVER, WRITT EN SUBMISSIONS DATED 20/04/2017 HAVE BEEN FILED. IT WAS SUBMITTED BY THE LEARNED COUNSEL OF THE ASSESSEE. THIS WRITTEN SUBMISSION THAT THE APPE AL FILED BY THE REVENUE IS HIT BY THE CBDT CIRCULAR NO.21 OF 2015 DATED 10/ 12/2015. IN THE WRITTEN SUBMISSION DATED 20/04/2017, IT WAS ALSO STATED THA T LEARNED COUNSEL FOR THE ASSESSEE SEEKS TO WITHDRAW CROSS OBJECTION NO.2 63/AHD/2014 FILED BY ASSESSEE. 4. WE HAVE HEARD THE LEARNED DR AND GONE THROUGH THE W RITTEN SUBMISSIONS AS WELL AS PERUSED THE MATERIAL AVAILABLE ON RECORD . WE FIND THAT PRIMA-FACIE THIS APPEAL OF THE REVENUE IS NOT MAINTAINABLE IN V IEW OF CBDT CIRCULAR NO. 21/2015 IN F.NO.279/MISC. 142/2007-ITJ (PT) DAT ED 10TH DECEMBER 2015, VIDE WHICH IT HAS BEEN PROVIDED THAT IF THE T AX EFFECT BY VIRTUE OF THE COMMISSIONER OF INCOME-TAX (APPEALS)S ORDER IS BEL OW RS. 10 LACS, THEN THAT ORDER WOULD NOT BE CHALLENGED BEFORE THE TRIBU NAL IN FURTHER APPEAL. THE BOARD HAS PROVIDED EXEMPTIONS AT CLAUSE (8) OF THE INSTRUCTIONS WHEREIN IT HAS BEEN PROVIDED THAT THESE INSTRUCTION S WILL NOT BE APPLICABLE, IF VIRES OF ANY PROVISIONS HAS BEEN QUASHED BY IMPU GNED ORDER OR ADDITION WAS MADE ON SOME AUDIT OBJECTIONS OR THE ADDITION R ELATES TO UNDISCLOSED FOREIGN ASSETS/BANK ACCOUNTS, ETC. WE FIND THAT TH E PRESENT CASE DOES NOT FALL WITHIN THE EXEMPTION CLAUSE AND THE TAX IS LES S THAN RS.10 LACS. THEREFORE, THE PRESENT APPEAL IS NOT MAINTAINABLE A ND HENCE DISMISSED. I.T.A. NO.2088/AHD/2014 & CO NO.263/AHD/2014(ARISING OUT OF I.T.A. NO.2088/AH D/2014) . A.Y. 2011-12 3 5. SO FAR AS THE ASSESSEES CROSS OBJECTION IS CONCERN ED. IN VIEW OF THE ABOVE WRITTEN SUBMISSION FILED BY THE ASSESSEES COUNSEL, CO IS ALSO DISMISSED AS INFRUCTUOUS. 6. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED IN LIMINE AND CROSS OBJECTION FILED BY THE ASSESSEE IS ALSO DISMI SSED AS INFRUCTUOUS. ORDER PRONOUNCED IN OPEN COURT ON 25/04/2017 SD/- SD/- (MANISH BORAD) (MAHAVIR PRASAD) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD: 25/04/2017 PRITI COPY OF THE ORDER FORWARDED TO: - 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT (APPEALS) II, AHMEDABAD. 4. THE CIT CONCERNED. 5. THE DR., ITAT, AHMEDABAD. 6. GUARD FILE. BY ORDER DEPUTY/ASSTT.REGISTRAR ITAT,RAJKOT TRUE COPY