The ITO, Ward-2(2), Baroda V. M/s. H.B. Builders, Baroda

ITA 2196/AHD/2012

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 1743 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 6 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-04-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 26-04-2016
• Assessment Year: 2005-2006
• Appeal Filed On: 04-10-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: C S SHARMA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD A BENCH (BEFORE SHRI RAJPAL YADAV, JUDICIAL MEMBER & SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER) ITA. NO: 2196/AHD/2012 (ASSESSMENT YEAR: 2005-06) INCOME TAX OFFICER, WARD- 2 (2), VADODARA V/S M/S. H.B. BUILDERS. G 6-7, MANGALDEEP SAMPATRAO COLONY, VADODARA-390007 (APPELLANT) (RESPONDENT) PAN: AACFH0207J APPELLANT BY : SHRI C. S. SHARMA, SR. D.R . RESPONDENT BY : WRITTEN SUBMISSION. (NONE) ( )/ ORDER DATE OF HEARING : 26 -04-201 6 DATE OF PRONOUNCEMENT : 26 -04-2016 PER N.K. BILLAIYA, ACCOUNTANT MEMBER: 1. THIS APPEAL BY THE REVENUE IS PREFERRED AGAINST THE ORDER OF LD. CIT(A)-II, BARODA DATED 13.07.2012 PERTAINING TO A. Y. 2005-06. ITA NO. 2196 /AHD/2012 . A.Y.2005-06 2 2. THE GRIEVANCE OF THE REVENUE RELATES TO THE DELETIO N OF THE ADDITION OF RS. 11,79,359/- MADE U/S. 40(A)(IA) OF THE ACT BY T HE A.O. 3. THE IMPUGNED GRIEVANCE ITSELF SHOW THAT THE TAX EFF ECT WOULD BE LESS THAN RS. 10 LACS, THEREFORE, THIS APPEAL BY THE REV ENUE HAS TO BE DISMISSED IN THE LIGHT OF CIRCULAR NO. 21/2015 DATE D 10.12.2015 BY WHICH THE CBDT HAS PRECLUDED THE REVENUE FOR FILING APPEAL WHERE THE TAX EFFECT DOES NOT EXCEED RS. 10 LACS. THIS APPEAL OF THE REVENUE IS ACCORDINGLY DISMISSED. 4. HOWEVER, IF THE REVENUE FEELS THAT THE DISPUTE IS N OT COVERED BY THE AFOREMENTIONED CIRCULAR, IT MAY APPROACH THE TRIBUN AL AS PER THE PROVISIONS OF THE LAW. ORDER PRONOUNCED IN OPEN COURT ON 26 - 04 - 2016 . SD/- SD/- (RAJPAL YADAV) (N. K. BILLAIYA) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD: TRUE COPY RAJESH COPY OF THE ORDER FORWARDED TO: - 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT (APPEALS) 4. THE CIT CONCERNED. 5. THE DR., ITAT, AHMEDABAD. 6. GUARD FILE. BY ORDER DEPUTY/ASSTT.REGISTRAR ITAT,AHME DABAD