The ITO,Vapi Ward-3, Vapi V. Smt. Sangita R.Desai, Vapi

ITA 2243/AHD/2012

• Counselvise Citation: 224320514 RSA 2012
• Duration Of Justice: 1 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-11-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2009-2010
• Appeal Filed On: 08-10-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: T SANKAR SRDR
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH D AHMEDABAD BEFORE SHRI, A.K.GARODIA, ACCOUNTANT MEMBER AND SHRI KUL BHARAT, JUDICIAL MEMBER ITA NO.2243/AHD/2012 ASSESSMENT YEAR:2009-10 INCOME TAX OFFICER, VAPI WARD-3, VAPI V/S . SMT. SANGITA R DESAI NEHRU STREET, VAPI TOWN [ PAN NO.AJSPD 2609R ] / APPELLANT .. / RESPONDENT) /BY APPELLANT SHRI T. SANKAR, SR-DR /BY RESPONDENT NONE /DATE OF HEARING 21-11-2012 /DATE OF PRONOUNCEMENT 23-11-2012 / // / O R D E R PER KUL BHARAT, JUDICIAL MEMBER:- THIS APPEAL OF THE REVENUE IS DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCOME-TAX (APPEALS)-VALSAD (CIT(A ) FOR SHORT) DATED 20- 07-2012 IN RESPECT OF ASSESSMENT YEAR (AY) 2009-10. 2. IN THIS CASE, THE REVENUE AGGRIEVED OF THE DELET ION OF ADDITION MADE ON ACCOUNT OF LONG TERM CAPITAL GAINS OF RS.4,62,586/- . IT IS TRANSPIRED FROM THE RECORD THAT THE TAX EFFECT IS BELOW RS. 3 LAKHS, TH EREFORE, THE PRESENT APPEAL IS NOT MAINTAINABLE IN VIEW OF THE CIRCULAR NO.3/2011 DATED 09-02-2011 ISSUED BY THE CENTRAL BOARD OF DIRECT TAXES (CBDT). 3. LD. SR-DR COULD NOT POINT OUT THAT THE PRESENT C ASE IS FALL UNDER THE EXCEPTION AS PRESCRIBED UNDER THE CIRCULAR NO. 3/20 11 DATED 09-02-2011 OF CBDT. ITA NO.2243/AHD/2012 A.Y. 2009-10 ITO WD-3 VAPI V.SMT. SANGITA R DESAI PAGE 2 4. WE HAVE HEARD THE LD. SR-DR AND PERUSED THE MATE RIALS AVAILABLE ON RECORD. WE FIND THAT PRESENT APPEAL IS NOT MAINTAIN ABLE ON THE GROUND OF LOW TAX EFFECT, HOWEVER, THE REVENUE IS NOT PRECLUDED F ROM RAISING THE SIMILAR GROUND IF THE TAX EFFECT IS HIGH IN ASSESSEES CASE IN ANY OTHER ASSESSMENT YEAR. IN VIEW OF THE ABOVE, THE APPEAL IS DISMISSED AS NOT MAINTAINABLE BEFORE THIS TRIBUNAL. 5. IN THE RESULT, REVENUES APPEAL IS DISMISSED AS NOT MAINTAINABLE. ORDER PRONOUNCED IN OPEN COURT ON THE DATE MENTIONE D HEREINABOVE AT CAPTION PAGE. SD/- SD/- (A.K.GARODIA) (KUL BHARAT) (ACCOUNTANT MEMBER) (JUDICIAL MEMBER) AHMEDABAD, *DKP !' #- 23/11/2012 )*+ , --. --. --. --. /. /. /. /. / COPY OF ORDER FORWARDED TO:- 1. / APPELLANT 2. / RESPONDENT 3. '+'-1 2 / CONCERNED CIT 4. 2- / CIT (A) 5. .56 ---1, -1 , )*+ / DR, ITAT, AHMEDABAD 6. 69: ;< / GUARD FILE. BY ORDER/ , /TRUE COPY/ =/) '> -1 , )*+ , STRENGTHEN PREPARATION & DELIVERY O F ORDERS IN THE ITAT 1) DATE OF TAKING DICTATION 21/11 2) DIRECT DICTATION BY MEMBER STRAIGHT ON COMPUTER/ LAPTOP/DRAGON DICTATE NO 3) DATE OF TYPING & DRAFT ORDER PLACE BEFORE MEMBER 21/11 4) DATE OF CORRECTION 21/11 5) DATE OF FURTHER CORRECTION 6) DATE OF INITIAL SIGN BY MEMBERS 22/11 7) ORDER UPLOADED ON 23/11 8) ORIGINAL DICTATION PAD-PART HAS BEEN ENCLOSED IN THE FILE YES 9) FINAL ORDER AND 2 ND COPY SEND TO BENCH CLERK ON 23/11