The Jt.CIT.(OSD)Circle-1, Bhavnagar V. Kalpesh Cotton Pvt.Ltd., Bhavnagar

ITA 245/AHD/2012

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 9879 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 11 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-01-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 23-12-2015
• Assessment Year: 2008-2009
• Appeal Filed On: 30-01-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SMITI SAMANT SRDR
• Assessee Lawyers: N O N E
• Keywords: Audit objection; Tax effect

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, AHMEDABAD BEFORE SHRI SHAILENDRA KUMAR YADAV, JUDICIAL MEMBER AND SHRI ANIL CHATURVEDI, ACCOUNTANT MEMBER ./ ITA NO. 245/AHD/2012 / ASSESSMENT YEAR: 2008-09 JCIT, CIRCLE-1, BHAVNAGAR .. APPELLANT VS KALPESH COTTON PVT LTD, PALIYAD ROAD, BOTAD, DIST: BHAVNAGAR .. RESPONDENT PAN : AAACK 9017 G REVENUE BY : SMT. SMITI SAMANT, SR-DR ASSESSEE(S) BY : N ONE / DATE OF HEARING 23/12/2015 /DATE OF PRONOUNCEMENT 06/01/2016 / O R D E R PER SHAILENDRA KUMAR YADAV, JUDICIAL MEMBER: THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-XX, AH MEDABAD DATED 21.11.2011 FOR ASSESSMENT YEAR 2008-09, ON THE FOLL OWING GROUNDS:- 1. THE LD. CIT(A)-XX, AHMEDABAD HAS ERRED IN LAW AND O N FACTS IN DELETING THE ADDITION ON ACCOUNT OF STOCK DIFFERENC E WORKED OUT BY THE VALUER. 1.2. FURTHER, THERE WAS NO HOLISTIC APPROACH BY THE LD. CIT(A) IN DELETING THE ABOVE ADDITION. 2. IT IS THEREFORE, PRAYED THAT THE ORDER OF THE CIT(A ) BE SET ASIDE AND THAT OF THE ASSESSING OFFICER BE RESTORED TO TH E ABOVE EXTENT. ITA NO. 245/AHD/2012 JCIT (OSD) VS. KALPESH COTTON PVT LTD AY : 2008-09 2 2. WE HAVE HEARD THE LD. DEPARTMENTAL REPRESENTATIV E AND PERUSED THE MATERIAL PLACED BEFORE US. WE FIND THAT PRIMA- FACIE THIS APPEAL OF THE REVENUE IS NOT MAINTAINABLE IN VIEW OF CBDT CIRCULA R NO. 21/2015 IN F.NO.279/MISC. 142/2007-ITJ (PT) DATED 10 TH DECEMBER 2015, VIDE WHICH IT HAS BEEN PROVIDED THAT IF THE TAX EFFECT BY VIRT UE OF THE COMMISSIONER OF INCOME-TAX (APPEALS)S ORDER IS BELOW RS.10,00,0 00/-, THEN THAT ORDER WOULD NOT BE CHALLENGED BEFORE THE TRIBUNAL IN FURT HER APPEAL. THE BOARD HAS PROVIDED EXEMPTIONS AT CLAUSE (8) OF THE INSTRUCTIONS WHEREIN IT HAS BEEN PROVIDED THAT THESE INSTRUCTIONS WILL N OT BE APPLICABLE, IF VIRES OF ANY PROVISIONS HAS BEEN QUASHED BY IMPUGNED ORDE R OR ADDITION WAS MADE ON SOME AUDIT OBJECTIONS OR THE ADDITION RELAT ES TO UNDISCLOSED FOREIGN ASSETS/BANK ACCOUNTS, ETC. WE FIND THAT THE PRESENT CASE DOES NOT FALL WITHIN THE EXEMPTION CLAUSE AND THE TAX IS LES S THAN RS.10,00,000/-. THEREFORE, THE PRESENT APPEAL IS NOT MAINTAINABLE A ND HENCE DISMISSED. 3. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED IN LIMINE . ORDER PRONOUNCED IN THE COURT ON 6TH JANUARY 2016 A T AHMEDABAD. SD/- SD/- ANIL CHATURVEDI SHAILENDRA KUMAR YA DAV (ACCOUNTANT MEMBER) (JUDICIAL MEMBER) AHMEDABAD; DATED 06/01/2016 BIJU T., PS !'#'$ / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ! ' ' # / CONCERNED CIT 4. ' ' # ( ) / THE CIT(A) 5. &'( ! , ' ! , / D R, ITAT, AHMEDABAD 6. (- . / GUARD FILE . / BY ORDER, TRUE COPY / ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD