The ACIT, Circle-5, Surat V. M/s. Vrundavan Developers, Surat

ITA 2169/AHD/2012

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 1608 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 7 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-05-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 29-04-2016
• Assessment Year: 2008-2009
• Appeal Filed On: 01-10-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 131

Judgement Text

IT A NO. 21 69 /AHD/201 2 A.Y . 200 8 - 09 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD B BENCH, AHMEDABAD BEFORE SHRI ANIL CHATURVEDI , ACCOUNTANT MEMBER AND SHRI S.S. GODARA , JUDICIAL MEMBER I TA NO. 21 69 /AHD /201 2 ASSESSMENT YEAR: 200 8 - 09 ASSTT. COMMISSIONER OF IN COME TAX, VS. M/S. VRU NDAVAN DEVELOPERS, CIRCLE - 5 , SURAT. BLOCK NO.35, NEAR PARAMSUKH GURUKUL, SIMADA GAM, TAL: CHORYASI, SURAT 395 010. [PAN A AFFV 6560P ] (APPELLANT ) (RESPONDENT) APPELLANT BY : SHRI ALPESH PARMAR, SR. D.R. RESPOND ENT BY : NONE DATE OF HEARING : 2 9 .04 . 20 16 DATE OF PRONOUNCEMENT : 03 .0 5 . 2016 O R D E R PER ANIL CHATURVEDI, A .M. THIS APPEAL FILED BY THE REVENUE IS AGAINST THE ORDER OF LEARNED CIT ( A ) - I, SURAT DATED 1 3 . 0 7 .201 2 FOR THE ASSESSMEN T YEAR 200 8 - 09 . 2. THE REVENUE HAS RAISED THE FOLLOWING GROUNDS : - 1. ON THE FACTS AND IN T HE CIRCUMSTANCES OF THE CASE AND IN LAW, THE LD. CIT(A) HAS ERRED IN D ELETING THE ADDITION OF RS.1 9 ,00,000/ - MADE ON ACCOUNT OF DISCLOSURE MADE DURING THE COURSE OF SURVEY U/S. 131 OF THE ACT, ON 06.09.2007. THE PARTNERS OF THE ASSESSEE FIRM HAD DISCLOSED OF RS.19,00,000/ - . 2. O N THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND I N LAW, THE LD. CIT(A) , SURAT OUGHT TO HAVE UPHELD THE ORDER OF THE ASSE SSING OFFIC ER . 3. IT IS, THEREFORE, PRAYED THAT THE ORDER OF THE L D . CIT(A) - IV, SURAT MAY BE SET - ASIDE AND TH A T OF THE ASSESSING OFFICER S ORDE R MAY BE RESTORED. IT A NO. 21 69 /AHD/201 2 A.Y . 200 8 - 09 PAGE 2 OF 2 3. 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NO.21/2015 DATED 10 TH DECEMBER, 2015, WE ARE OF THE CONSIDERED VIEW THAT THIS APPEAL IS LIABLE TO BE DISMISSED AS WITHDRAWN FOR THE SIMPLE REASON THAT TAX EFFECT INVOLVED IN THE APPEAL IS LESS THAN RS.10,00,000/ - . 4 . IN THE RESULT, THE APPEAL IS DISMISSED. ( THIS ORDER P RONOUNCED IN THE OPEN COURT TODAY ON TH E 3 RD DAY OF MAY , 201 6 . ) SD/ - SD/ - S.S. GODARA ANIL CHATURVEDI ( JUDICIAL MEMBER) ( ACCOU NTANT MEMBER) AHMEDABAD, THE 3 RD DAY OF MAY , 2016 PBN/* COPIES TO: (1) THE APPELLANT ( 2) THE RESPONDENT (3) COMMISSIONER (4) CIT(A) (5) DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD