The ITO, Ward-4(1), Baroda V. M/s Meeti Investment & Consultancy Service Pvt. Ltd., Mumbai

ITA 2268/AHD/2013

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 0879 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 10 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-07-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2008-2009
• Appeal Filed On: 06-09-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: O P MEENA
• Assessee Lawyers: M K PATEL
• Keywords: Tax effect

Judgement Text

I.T.A. NO . 226 8 /AHD/201 3 A SSESSMENT Y EAR S : 20 0 8 - 09 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH, SMC , AHMEDABAD [CORAM: PRAMOD KUMAR AM] I.T.A. NO. 226 8 /AHD/ 20 1 3 ASSESSMENT Y EAR : 20 0 8 - 09 INCOME TAX OFFICER , WARD 4(1), BARODA. ....... ............ . APPELLANT VS . M E ETI INVESTMENT & CONSULTANT SERVICE PVT. LTD., . ...... . ... . RESPONDENT 1 ST FLOOR, MMC CENTRE, MITHA CHOWDY, MALAD (W), N EW VIKAS PARK, MUMBAI 400 064. [ PAN: A ABCM 3425 B ] APPEARANCES BY: O.P. MEENA , FOR THE APPELLANT M.K. PATEL , FOR THE RESPOND ENT D ATE OF CONCLUDING THE HEARING : JU LY 1 8 TH , 201 6 DATE OF PRONOUNCING THE ORDER : JU LY 19 TH , 201 6 O R D E R 1. BY WAY OF THIS APPEAL, THE ASSESSING OFFICER HAS CHALLENGED CORRECTNESS OF THE ORDER DATED 21.06.2013 , PASSED BY THE L EARN ED CIT(A), FOR THE ASSESSMENT YEAR 20 0 8 - 09 , ON THE FOLLOWING GROUND : - 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE , THE LEARNED CIT(A) ERRED IN DELETING THE ADDITION OF RS.23,67,600/ - BEING 8% ON BOOKING ADVANCE MADE BY THE AO, BY RELYING ON THE DECISION IN ASSESSEE S OWN CASE FOR A.Y. 2005 - 06 & 2006 - 07 WHEREIN THE LD.CIT(A) HELD THAT THE ASSESSEE WAS NOT A CONTRACTOR AND THEREFORE NOT GOVERNED BY AS - 7 OF THE GUIDELINES OF INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA, WITHOUT APPRECIATING THE FA CT THAT THE ASSESSEE HAD PERFORMED AND UNDERTAKEN ALL ACTIONS AS A CONTRACTOR AND CAMOUFLAGED THE PERFORMANCE AS DEVELOPER . 2. I 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, I AM OF THE CONSIDERED VIEW THAT THIS APPEAL IS I.T.A. NO . 226 8 /AHD/201 3 A SSESSMENT Y EAR S : 20 0 8 - 09 PAGE 2 OF 2 LIABLE TO BE DISMISSED AS WITHDRAWN FOR THE SIMPLE REASON THAT TAX EFFECT INVOLVED IN THE APPEAL IS LESS THAN RS.10,00,000/ - . 3.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 RES ULT, THE APPEAL IS DISMISSED. PRONOUNCED IN THE OPEN COURT ON THIS 19 TH DAY OF JULY , 2016. SD/ - PRAMOD KUMAR (ACCOUNTANT MEMBER) DATED: THE 19 TH DAY OF JU LY , 2016. PBN /* COPIES 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