The DCIT, Sr-I, Ahmedabad V. The Arcoy Ind Cement P Ltd, Ahmedabad

ITA 2349/AHD/2000

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 60618 (ITAT-AHMEDABAD)
• Duration Of Justice: 11 year(s) 8 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-07-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 31-07-2012
• Assessment Year: 1993-1994
• Appeal Filed On: 14-11-2000
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: Y C SURTI
• Assessee Lawyers: P M MEHTA; S N SAPORKAR SR ADVOCTE
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AT AHMEDABAD B BENCH BEFORE: SHRI D.K. TYAGI, JUDICIAL MEMBER AND SHRI ANIL CHATURVEDI, ACCOUNTANT ME MBER I.T.A. NO.2349/AHD/2000 A. Y.1993-94 THE DY. C.I.T.(ASSESSMENT) SPL. RANGE-I, AHMEDABAD APPELLANT VS THE ARCOY INDUSTRIAL CEMENT PVT. LTD. 606, ABHIJIT BUILDING, MITHAKHALI, AHMEDABAD RESPONDENT DEPARTMENT BY : SHRI Y.C. SURTI, SR. D.R. ASSESSEE BY : SHRI S.N. SAPORKAR, SR. ADVOCTE & SHRI P.M. MEHTA, A.R. DATE OF HEARING : 31.07.2012 DATE OF PRONOUNCEMENT : 31.07.2012 / ORDER PER : D.K. TYAGI, JUDICIAL MEMBER THIS IS REVENUES APPEAL AGAINST THE ORDER OF LD. CIT(A)-V, AHMEDABAD DATED 09.08.2000 DELETING THE DISALLOWANC E OF RS.1,86,502/- BEING TRADING LOSS. 2. AT THE TIME OF HEARING LD. COUNSEL OF THE ASSES SEE, AT THE OUTSET, SUBMITTED THAT THE ISSUE INVOLVED IN THIS APPEAL IS ABOUT DISALLOWANCE OF RS.1,86,502/- AND THE TAX ON THIS AMOUNT IS MUCH BE LOW THE PRESCRIBED LIMIT FOR FILING AN APPEAL BEFORE THE TRIBUNAL. THEREFORE, T HE APPEAL FILED BY REVENUE BE DISMISSED IN LIMINE . LD. D.R DID NOT DISPUTE THIS SUBMISSION OF THE A SSESSEE. I.T.A. NO.2349/AHD/1997 A. Y.1993-94 2 3. AFTER HEARING BOTH THE PARTIES AND PERUSING THE RECORD, WE FIND THAT TAX EFFECT IN THIS CASE IS LESS THAN RS.2 LACS. THEREF ORE, IN VIEW OF INSTRUCTION NO.1979 DATED 27.3.2000, ISSUED BY CENTRAL BOARD OF DIRECT TAXES, REVENUE SHOULD NOT HAVE FILED THIS APPEAL AND THE SAME IS, THEREFORE, DISMISSED IN LIMINE. 4. IN THE RESULT, THIS APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON 31.07.2012 SD/- SD/- (ANIL CHATURVEDI) (D.K. TYAGI) ACCOUNTANT MEMBER JUDICIAL MEMBER TRUE COPY N.K. CHAUDHARY, SR. P.S. COPY OF THE ORDER FORWARDED TO: 1. THE APPLICANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE LD. CIT (APPEALS) 5. THE DR, AHMEDABAD 6. THE GUARD FILE BY ORDER AR,ITAT,AHMEDABAD