The ITO, Ward-1(1), RAJKOT-GUJARAT V. M/s. B.M. & Brothers, RAJKOT-GUJARAT

ITA 262/RJT/2014

• Counselvise Citation: [2015] 134 COUNSELVISE.COM (IT) 0444 (ITAT-RAJKOT)
• Duration Of Justice: 1 year(s) 8 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-12-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2009-2010
• Appeal Filed On: 15-04-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: V K CHAKRAVARTY
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BEN CH, RAJKOT [CONDUCTED THROUGH E-COURT AT AHMEDABAD] (BEFORE SHRI ANIL CHATURVEDI, A.M. & SHRI KUL BHAR AT, J.M.) I.T. A. NO. 262/RJT/2014 (ASSESSMENT YEAR: 2009-10) INCOME TAX OFFICER, WARD 1(1), RAJKOT VS. M/S. B. M. & BROTHERS, MEGHRAJ, NILKANTHNAGAR MAIN ROAD, NEAR GORDHAN DAIRY, UNIVERSITY ROAD, RAJKOT. (APPELLANT) (RESPONDENT) PAN: AAFFB8835M APPELLANT BY : SHRI V. K. CHAKRAVARTY, D. R. RESPONDENT BY : WRITTEN SUBMISSION ( )/ ORDER DATE OF HEARING : 30-12-2015 DATE OF PRONOUNCEMENT : 30-12-2015 PER ANIL CHATURVEDI, ACCOUNTANT MEMBER 1. THIS APPEAL FILED BY THE REVENUE IS AGAINST THE ORD ER OF CIT(A)-I, RAJKOT DATED 15.01.2014 FOR A.Y. 2009-10. 2. THE GROUND RAISED BY THE REVENUE IN THE PRESENT APP EAL READS AS UNDER:- 1. THE LD. CIT(A)-1, RAJKOT HAS ERRED IN LAW AND O N FACTS IN DELETING THE DISALLOWANCE MADE U/S.80IB(10) OF THE ACT OF RS.29, 50,000/-. 3. ON PERUSING THE GROUNDS OF APPEAL RAISED BY THE REV ENUE, WE FIND THAT REVENUE IS AGGRIEVED BY THE ADDITION OF RS.29,50,00 0/-, THE TAX EFFECT OF ITA NO. 262 /RJT/2014 . A.Y. 2009-10 2 WHICH IS BELOW RS.10 LACS. AS PER THE ANNOUNCEMENT OF CENTRAL BOARD OF DIRECT TAXES (CBDT) DATED 10.12.2015 (CIRCULAR NO. 21 OF 2015), NO DEPARTMENT APPEALS ARE TO BE FILED AGAINST RELIEF G IVEN BY LD. CIT(A) BEFORE THE INCOME TAX TRIBUNAL UNLESS THE TAX EFFECT, EXCL UDING INTEREST EXCEEDS RS. 10 LACS AND IT FURTHER STATES THAT THE INSTRUCTIONS WILL APPLY RETROSPECTIVELY TO THE PENDING APPEALS. IN THE PRESENT CASE, SINCE IT IS AN UNDISPUTED FACT THAT ON THE ADDITIONS WHICH ARE IN DISPUTE THE TAX EFFECT I S LESS THAN RS. 10 LACS, WE ARE OF THE VIEW THAT THE MONETARY LIMIT PRESCRIBED BY THE INSTRUCTIONS OF THE AFORESAID CBDT CIRCULAR WOULD BE APPLICABLE TO THE PRESENT APPEAL OF THE DEPARTMENT AND THEREFORE THE PRESENT APPEAL IS NOT MAINTAINABLE ON ACCOUNT OF LOW TAX EFFECT. IN SUCH CIRCUMSTANCES, WE DISMIS S THE APPEAL OF REVENUE WITHOUT EXPRESSING ANY OPINION ON MERITS OF THE CAS E. 4. IN THE RESULT, THE APPEAL OF REVENUE IS DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON 30.12.2015 SD/- SD/- (KUL BHARAT) (ANIL CHATURVEDI) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD : DATED 30.12.2015 TRUE COPY S K SINHA COPY OF THE ORDER FORWARDED TO:- 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT (APPEALS) 4. THE CIT CONCERNED. 5. THE DR., ITAT, AHMEDABAD. 6. GUARD FILE. BY ORDER DEPUTY/ASSTT.REGISTRAR ITAT, RAJKOT