The ITO, Ward-8(4), Ahmedabad V. Shri Ragesh C. Patel, Ahmedabad

ITA 2432/AHD/2014

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 8482 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-09-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2011-2012
• Appeal Filed On: 01-09-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD A BENCH BEFORE: SHRI S. S. GODARA , JUDICIAL MEMBER AND SHRI AMARJIT SINGH, ACCOUNTANT MEMBER THE ITO, WD. 8(4), AHMEDABAD (APPELLANT) VS SHRI RAJESH C. PATEL, 14, TULSI BUNGLOWS, VANDEMATARAM CITY ROAD, GOTA, AHMEDABAD - 382481 PAN: AGNPP3973C (RESPONDENT) REVENUE BY : S H RI PRASOON KABRA , SR. D . R. ASSESSEE BY: NONE DATE OF HEARING : 06 - 09 - 2 017 DATE OF PRONOUNCEMENT : 18 - 09 - 2 017 / ORDER P ER : AMARJIT SINGH, ACCOUNTANT MEMBER : - THIS REVENUE S APPEAL FOR A.Y. 20 11 - 12 , AR ISES FROM ORDER OF THE CIT(A) - XIV , AHMEDABAD DATED 02 - 06 - 2014 , IN PROCEEDINGS UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT . 2. THE REVENUE S SOLE SUBSTANTIVE GROUND CHALLENGE S THE LOWER AP PELLATE ORDER DELET ING THE ADDITION MADE ON ACCOUNT OF UNEXPLAINED I T A NO . 2432 / A HD/20 14 A SSESSMENT YEAR 20 11 - 12 I.T.A NO. 2432/AHD/2014 A.Y. 20 11 - 12 PAGE NO ITO VS. SHRI RAJESH C. PATEL 2 CASH DEPOSITS OF RS. 19,55,930/ - . THERE IS NO DISPUTE THAT THE NET TAX EFFECT IN THE INSTANT APPEAL IS LESS THAN RS. 10 LACS. WE FIND THAT THE CENTRAL BOARD OF DIRECT TAXES; HEREAFTER THE BOARD HAS ISSU ED THE CIRCULAR NO. 2 1/2015 DATED 10 - 12 - 2015 CLEARLY ENVISAGING THEREIN THAT DEPARTMENT S PENDING APPEALS BEFORE THE TRIBUNAL/HIGH COURTS ARE TO BE WITHDRAWN/NOT PRESSED AS PER THE ABOVE ST ATED CIRCULAR . THE SAME HAS BEEN DECLARED TO BE HAVING RETROSPECTI VE EFFECT IN OTHER WORDS. WE TAKE INTO CONSIDERATION THE ABOVE STATED BOARD S CIRCULAR AND DISMISS THE INSTANT APPEAL ACCORDINGLY. 3. THIS REVENUE S APPEAL IS DISMISSED AS HAVING LOW TAX EFFECT. ORDER PR ONOUNCED IN THE OPEN C OURT ON 18 - 0 9 - 2017 SD/ - SD/ - ( S.S. GODARA ) ( AMARJIT SINGH ) JUDICIA L MEMBER ACCOUNTANT MEMBER AHMEDABAD : DATED 18 /09 /2017 / COPY OF ORDER FORWARDED TO: - 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER/ , / ,