The ITO, Ward-2(4), Baroda V. Shri Rupesh Mahendrakumar Shah, Baroda

ITA 2580/AHD/2013

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 0833 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 9 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-08-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 03-08-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 01-11-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 68

Judgement Text

I.T.A. NO . 2 58 0 /AHD/201 3 A SSESSMENT Y EAR: 20 0 9 - 10 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH, SMC , AHMEDABAD [CORAM: PRAMOD KUMAR AM] I.T.A. NO. 258 0 /AHD/ 20 1 3 ASSESSMENT Y EAR : 20 0 9 - 10 INCOME TAX OFFICER , WARD 2 ( 4 ), BARODA. ....... ............ . APPELLANT VS . RUPESH MAHENDRAKUMAR SHAH , . ...... . ... . RESPONDENT 208/209, PARADISE COMPLEX, S A YAJIGANJ, BARODA. [ PAN: BKKPS 90000 H ] APPEARANCES BY: SATISH SOLANKI, FOR THE APPELLANT NONE , FOR THE RESPONDENT D ATE OF CONCLUDING THE HEARING : AUGUST 4 TH , 201 6 DATE OF PRONOUNCING THE ORDER : AUGUST 8 TH , 201 6 O R D E R 1. BY WAY OF THIS APPEAL, THE ASSESSING OFFICER HAS CHALLENGED CORRECTNESS OF THE ORDER DATED 10 .07.2013 , PASSED BY THE L EARNED CIT(A), FOR THE ASSESSMENT YEAR 20 0 9 - 10 , ON THE F OLLOWING GROUND S : - 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW, THE LD. CIT (APPEAL S ) ERRED IN DELETING THE ADDITION OF RS.1 1,14,843/ - UNDER SECTION 68 OF THE ACT OUT OF TOTAL ADDITION OF RS.12,38,843/ - WITHOUT APPRECIATING THE FACT THAT NO COGENT EVIDENCES AND CORROBORATIVE DETAIL ABOUT THE CASH DEPOSITS WERE FURNISHED BEFORE THE ASSESSING OFFICER. 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THAT THIS APPEAL IS I.T.A. NO . 2 58 0 /AHD/201 3 A SSESSMENT Y EAR: 20 0 9 - 10 PAGE 2 OF 2 LIABLE TO BE DISMISSED AS WITHDRAWN FOR THE SIMPLE REASON THAT TAX EFFECT INVOLVED IN THE APPEAL IS LESS THAN RS.10,00,000/ - . 3.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 8 TH DAY OF AUGUST, 2016. SD/ - PRAMOD KUMAR (ACCOUNTANT MEMBER) DATED: THE 8 TH DAY OF AUGUST , 201 6. 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