The ACIT, Circle-5, Ahmedabad V. M/s. Par Polypack India Ltd., Ahmedabad

ITA 2435/AHD/2013

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 0865 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 9 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-07-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2007-2008
• Appeal Filed On: 11-10-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: O P MEENA
• Keywords: Tax effect

Judgement Text

I.T.A. NO . 2 435 /AHD/201 3 A SSESSMENT Y EAR S : 20 0 7 - 08 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH, SMC , AHMEDABAD [CORAM: PRAMOD KUMAR AM] I.T.A. NO. 2435 /AHD/ 20 1 3 ASSESSMENT Y EAR : 20 0 7 - 08 ASSTT. COMMISSIONER OF INCOME TAX, CIRCLE - 5 , AHMEDABAD. ....... ............ . APPELLANT VS. PAR POLYPACK INDIA LIMITED . ...... . ... . RESPONDENT 30/31/32, CHANGODA R INDL. ESTA TE , SARKHE J BAVLA HIGHWAY, CHANGODAR, AHMEDABAD 382 213. [ PAN: A ABC P 6079 N ] APPEARANCES BY: O.P. MEENA , FOR THE APPELLANT VIVEK CHAVDA , FOR THE R ESPONDENT D ATE OF CONCLUDING THE HEARING : JU LY 1 9 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 08.07.2013 , PASSED BY THE L EARNED CIT(A), FOR THE ASSESSMENT YEAR 20 0 7 - 0 8 , ON THE FOLLOWING GROUND : - 1. THE LD. CIT(A) HAS ERRED IN LAW AND ON FACTS IN DIRECTING THE A.O. TO VERIFY THE CONTENTION OF ASSESSEE WITH REGARD TO WORKING OF NET P R OFIT AND TO DELETE THE ADDITION OF RS. 19,59,337/ - WHICH WAS MADE ON ACCOUNT OF ESTIMATION OF NET PROFIT RATE FOR THE REASON THAT THERE WAS LOSS IF THE INCOMES DISCLOSED DURING THE COURSE OF SURVEY PROCEEDINGS ARE EXCLUDED. 2. ON THE FACTS AND CIRCUMSTANCES OF THE CASE, THE LD. COMMISSIONER OF INCOME TAX (A) OUGHT TO HAVE UPHELD THE ORDER OF THE A S SESSING OFFICER. 3. IT IS, THEREFORE, PRAYED THAT THE ORDER OF THE LD. COMMISSIONER OF INCOME T A X (A) MAY BE SE T - ASIDE AND THAT OF THE ASSESSING OFFICER BE RESTORED . I.T.A. NO . 2 435 /AHD/201 3 A SSESSMENT Y EAR S : 20 0 7 - 08 PAGE 2 OF 2 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NO.21/2015 DATED 10 TH DECEMBER, 2015, I AM OF THE CONSIDERED VIEW THAT THIS APPEAL IS LIABLE TO BE DISMISSED AS WITHDRAWN FOR THE SIMPLE REASON THAT TAX EFFECT INVOLVED IN THE APPEAL IS LESS THAN RS.10,00,000/ - . 3.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 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