The ACIT, Circle-1, Surat V. M/s. Neo Structo Construction Ltd., Mumbai

ITA 2410/AHD/2013

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 0720 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 10 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-08-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 29-08-2016
• Assessment Year: 2007-2008
• Appeal Filed On: 08-10-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

I.T.A. NO.: 2 410 /AHD/201 3 ASSESSMENT YEARS: 20 07 - 08 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD C BENCH, AHMEDABAD [CORAM: PRAMOD KUMAR AM AND S S GODARA JM] I.T.A. NO. : 2410 /AHD/201 3 ASSESSMENT YEAR S: 20 07 - 08 ASSTT. COMMISSIONER OF INCOME TAX, CIRCLE - 1, SURAT. ..... ............APPELLANT VS NEO STRUCTO CONSTRUCTION LIMITED, .. ...........RESPONDENT 312, 3 RD , GEMSTAR COMMERCIAL COMPLEX, RAMCHANDRA LANE EXTEN S ION, MALAD (W), MUMBAI 400 064. [A AACN 7717 N ] APPEARANCES BY PRASOON KABRA, FOR THE APPELLANT NONE FOR THE RESPONDENT HEARIN G CONCLUDED ON: 29 /0 8 / 20 16 ORDER PRONOUNCED ON : 30 /08/ 20 16 O R D E R PER PRAMOD KUMAR , AM: 1. BY WAY OF THIS APPEAL, THE ASSESSING OFFICER HAS CHALLENGED CORRECTNESS OF THE ORDER DATED 08.08.2013, PASSED BY THE L EARNED CIT(A) - I, SURAT FOR THE ASSESSMENT YEAR 20 07 - 08 , ON THE FOLLOWING GROUND S : - 1. ON THE FACTS AND CIRCUMSTANCES OF THE CASE, WHETHER THE LEARNED CIT(A) IS JUSTIFIED IN DELETING THE ADDITION OF RS.12,00,000/ - MADE ON ACCOUNT OF DISALLOWANCE OF VEHICLE C HARGE PAYMENT DULY EST ABLISHED BY THE AO IN HIS ASSESSMENT ORDER ? 2. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE LD. CIT(A) OUGHT TO HAVE UPHELD THE ORDER OF THE ASSESSING OFFICER. 3. IT IS THEREFORE, PRAYED THAT THE ORDER OF THE CIT(A) MAY BE SET - ASIDE AND THAT OF ASSESSING OFFICER MAY BE RESTORED TO THE ABOVE EXTENT. I.T.A. NO.: 2 410 /AHD/201 3 ASSESSMENT YEARS: 20 07 - 08 PAGE 2 OF 2 2. WE 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NO.21/2015 DATED 10 TH DECEMBER, 201 5, WE ARE OF THE CONSIDERED VIEW THAT THIS APPEAL IS LIABLE TO BE DISMISSED AS WITHDRAWN FOR THE SIMPLE REASON THAT TAX EFFECT INVOLVED IN THE APPEAL IS LESS THAN RS.10,00,000/ - . 3.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 RESULT, THE APPEAL IS DISMISSED. PRONOUNCED IN THE OPEN COURT ON THIS 30 TH DAY OF AUGUST, 2016. SD/ - SD/ - S S GODARA PRAMOD KUMAR (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) DATED: 30 TH DAY OF AUGUST ,2016 . COPIES TO : (1) THE APPELLANT (2) THE RESPO NDENT (3) CIT (4) CIT(A) (5) DR (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD