The ITO, Ward-6(2), Ahmedabad V. Smt. Amababen B.Desai, Ahmedabad

ITA 2121/AHD/2012

• Counselvise Citation: [2016] 121 COUNSELVISE.COM (IT) 2400 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 5 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-03-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 01-03-2016
• Assessment Year: 2004-2005
• Appeal Filed On: 25-09-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: LALA PHILIPS
• Keywords: Additional evidence; Accommodation entries; Tax effect
• Section: 69

Judgement Text

ITA NO.2121/AHD/2012 ASSESSMENT YEAR: 2004 - 05 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL, AHMEDABAD C BENCH, AHMEDABAD [CORAM : PRAMOD KUMAR AM AND S S GODARA JM ] ITA NO . 2121 /AHD/ 20 1 2 ASSESSMENT YEAR : 200 4 - 05 INCOME TAX OFFICER .. .APPELLANT WAR D 6 ( 2 ), AHMEDABAD . VS. AMBABE N B. DESAI , .. . RESPONDENT A - 25, BHAGWANT NAGAR SOCIETY, SOLA ROAD, BHUYANGDEV, AHMEDABAD. [PAN: A BOPD 5494 J ] APPEARANCES BY: LALA PHILIPS , FOR THE APPELLANT VIVEK CHAVDA , FOR THE RESPONDENT D ATE OF CONCLUDING THE HEARING : MARCH 1 ST , 20 1 6 DATE OF PRONOUNCING THE ORDER : MARCH 1 ST , 201 6 O R D E R PER PRAMOD KUMAR , AM : 1. BY WAY OF THIS APPEAL, THE ASSESSING OFFICER HAS CHALLENGED CORRECTNESS OF THE ORDER DATED 3 RD JULY, 2012 , PASSED BY THE LD. CIT(A), FOR THE ASSESS MENT YEAR 200 4 - 0 5 , ON THE FOLLOWING GROUNDS : - 1. THE LD. C IT(A) HAS ERRED IN LAW AND ON FACTS IN DELETING THE ADDITION OF RS.28,43,749/ - MADE BY THE ASSESSING OFFICER U/S. 69 OF THE ACT ON ACCOUNT OF BOGUS TRANSACTIONS BY OBTAINING ACCOMMODATION ENTRIES. 2. THE LD. C IT(A) HAS ERRED IN LAW AND ON FACTS IN ACCEPTING THE CONTENTION OF THE ASSESSEE, THAT THE TRANSACTIONS WERE GENUINE ON THE BASIS OF ADDITIONAL EVIDENCES FINISHED BY THE ASSESSEE DURING THE APPELLATE PROCEEDINGS, WITHOUT GRANTING OPPORTUNITY TO THE A.O . UNDER RULE 46A OF THE IT RULES, 1962. 3 . 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. ITA NO.2121/AHD/2012 ASSESSMENT YEAR: 2004 - 05 PAGE 2 OF 2 4. IT IS, THEREFORE, PRAYED THAT THE ORDER OF THE LD. COMM ISSIONER OF INCOME - TAX (A) MAY BE SET - ASIDE AND THAT OF THE ASSESSING OFFICER BE RESTORED. 2. WE 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, WE ARE 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. P RONOUNCED IN THE OPEN COURT ON THIS 1 ST DAY OF MARCH, 2016 . SD/ - SD/ - S.S. GODARA PRAMOD KUMAR (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) PBN/* DATED: THE 1 ST DAY OF MARCH, 201 6 . COPIE S 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