The ITO, Ward-8(2), Surat V. Shri Ghansyam R.Nathani, Surat

ITA 2493/AHD/2011

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 9744 (ITAT-AHMEDABAD)
• Duration Of Justice: 4 year(s) 3 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-01-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 26-10-2015
• Assessment Year: 2006-2007
• Appeal Filed On: 05-10-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: RAKESH SHAH JAIN
• Keywords: Tax effect
• Section: 131

Judgement Text

IT A NO. 2493 / AHD/ 201 1 ASSESSMENT YEAR: 200 6 - 07 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL, AHMEDABAD D BENCH, AHMEDABAD [CORAM : PRAMOD KUMAR AM AND S S GODARA JM] I TA NO. 2493 /AHD/201 1 A SSESSMENT Y EAR : 20 0 6 - 07 INCOME TAX OFFICER, .APPELLANT WARD 8(2), SURAT . VS. GHANSYAM R. NA THANI, . RESPONDENT PROP. OF RAMESHWAR SALES AGENCY, 66, RAM BAUGH SOCIETY, VUBHAG, GATE - 1, VARACHHA ROAD, SURAT. [ P AN: A BUPN 2797 E ] APPEARANCES BY: R. K. GUPTA , FOR THE A PPELLANT RAKESH SHAH . JAIN , FOR THE RESPONDENT D ATE OF CONCLUDING THE H EARING: OCTOBER 30 TH , 201 5 DATE OF PRONOUNCING THE ORDER : JANUARY 27 TH , 201 6 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 23 RD JUNE, 2011, PASSED BY THE LD. CIT(A), FOR THE ASSESSMENT YEAR 2006 - 07, ON THE FOLLOWING GROUNDS : - 1 ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW, THE LD. CIT(A) HAS ERRED IN DELETING THE ADDITION OF RS.20,09,810/ - MADE ON ACCOUNT OF COMMISSION/DISCOUNT ON PURCHASE W ITHOUT APPRECIATING THE STATEMENTS RECORD U/S. 131 OF THE ACT ON 11.09.2008. 2 . ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW, TH E LD . CIT (A) OUGHT TO HAVE UPHELD THE ORDER OF THE ASSESSING OFFICER. IT A NO. 2493 / AHD/ 201 1 ASSESSMENT YEAR: 200 6 - 07 PAGE 2 OF 2 3 . IT IS THEREFORE, PRAYED THAT THE APPELL ATE ORDER OF THE LD. C IT(A) MAY BE CANCELLED AND THE ORDER OF THE A.O. MAY BE UPHELD. 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NO.21/20 15 DATED 10 TH DECEMBER, 2015, WE ARE OF THE CONSIDERED VIEW THAT THIS APPEAL IS LIABLE TO BE DISMISSED AS WITHDRAWN FOR THE SIMPLE REASON THAT TAX EFFECT INVOLVED IN THE APPEAL IS LESS THAN RS.10,00,000/ - . 3.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, APPEAL IS DISMISSED. P RONOUNCE D IN THE OPEN COURT ON THIS 27 TH DAY OF JANUARY, 2016. SD/ - SD/ - S S GODARA PRAMOD KUMAR (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) DATED: THE 27 TH DAY OF JANUARY , 201 6 . PBN/ * COPIES TO : (1) THE APPE LLANT ( 2) THE RESPONDENT (3) CIT (4) CIT(A) (5) DR (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD