The DCIT, (OSD), Range-1, Ahmedabad V. M/s. Dhruvi Pharma Pvt. Ltd., Ahmedabad

ITA 2382/AHD/2013

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 9785 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 2 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-12-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 08-12-2016
• Assessment Year: 2010-2011
• Appeal Filed On: 04-10-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Gift

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD D BENCH (BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER & SHRI MAHAVIR PRASAD, JUDICIAL MEMBER) ITA. NO: 2382/AHD/2013 (ASSESSMENT YEAR: 2010-11) DCIT, (OSD), RANGE-1, AHMEDABAD V/S M/S. DHRUVI PHARMA PVT. LTD. 302, ISCON MALL, STAR INDIA BAZAR, JODHPUR CHAR RASTA, SATELLITE, AHMEDABAD-380015 (APPELLANT) (RESPONDENT) PAN: AABCD3983H APPELLANT BY : SHRI SUMIT KUMAR VERMA, SR . D.R. RESPONDENT BY : SHRI HIMANSHU SHAH, A.R. ( )/ ORDER DATE OF HEARING : 08 -12-201 6 DATE OF PRONOUNCEMENT : 09-12-2016 PER N.K. BILLAIYA, ACCOUNTANT MEMBER: 1. THIS APPEAL BY THE REVENUE IS PREFERRED AGAINST THE ORDER OF LD. CIT(A)-VI, AHMEDABAD DATED 19.08.2013 PERTAINING TO A.Y. 2010- 11. ITA NO. 2382 /AHD/2013 . A.Y. 2010-11 2 2. THE SUBSTANTIVE GRIEVANCE OF THE REVENUE READS AS U NDER:- 1. THE CIT(A) HAS ERRED IN LAW AND ON FACTS IN DELETIN G THE ADDITION OF RS.18.46 LACS TOWARDS LATE PAYMENT OF EMPLOYEES CONTRIBUTION TO P F DESPITE THE FACT THAT THE SAME IS REQUIRED TO BE CONSIDERED AS INCOME U/S 2(24) (X ) READ WITH SECTION 36(1) (VA). 2. THE CIT(A) HAS ERRED IN LAW AND ON FACTS IN ALLOWIN G EXPENSES OF RS.10.84 LACS TOWARDS GIFTS TO CUSTOMERS DESPITE THE FACT THAT TH E GIFTS WERE GIVEN TO CUSTOMERS OF PHARMACEUTICAL PRODUCTS IN CONTRAVENTION OF MCI'S N OTIFICATION DATED 10-12-2009. 3. A PERUSAL OF THE AFORE-STATED GROUNDS OF APPEAL SHO WS THAT THE REVENUE IS AGGRIEVED BY THE TOTAL DELETION OF THE ADDITION OF RS. 29.30 LACS. THE TAX ON WHICH COMES TO RS. 8,79,289/- AND EVEN IF SURCHARGE IS ADDED, THE TOTAL TAX COMES TO RS. 9,93,596/-. THIS APPEAL OF THE REVENU E HAS TO BE DISMISSED IN THE LIGHT OF THE CBDT CIRCULAR NO. 21/2015 DATED 10 .12.2015 BY WHICH THE CBDT HAS FIXED THE MONETARY LIMITSFOR FILING OF APP EAL BY THE DEPARTMENT BEFORE THE INCOME TAX APPELLATE TRIBUNAL IS RS. 10 LACS AND ABOVE. 4. IN THE LIGHT OF THE AFOREMENTIONED CIRCULAR, THE AP PEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON 09 - 12- 20 16. SD/- SD/- (MAHAVIR PRASAD) (N. K. BILLAIYA) JUDICIAL MEMBER TRUE COPY ACCO UNTANT MEMBER AHMEDABAD: DATED 09 /12/2016 RAJESH COPY OF THE ORDER FORWARDED TO: - 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT (APPEALS)