The ITO, Ward-3(1), Surat V. Smt. Rinkey A. Kedia, Surat

ITA 2667/AHD/2013

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 0823 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 8 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-08-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 15-11-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 10

Judgement Text

I.T.A. NO . 2 667 /AHD/201 3 A SSESSMENT Y EAR S : 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. 2 667 /AHD/ 20 1 3 ASSESSMENT Y EAR : 20 0 9 - 10 INCOME TAX OFFICER , WARD 3 (1), SURAT . ....... ............ . APPELLANT VS. RINKEY A. KEDIA, . ...... . ... . RESPONDENT FLAT NO.7/C, RAVITEJ APARTMENT, OPP. LOURDES CONVENT SCHOOL, ATHWALINES, SURAT 395 007 [ PAN: A QWPK 3053 F ] APPEARANCES BY: SATISH SOLANKI, FOR THE APPELLANT NONE (WRITTEN SUBMISSION) , FOR THE RESPONDE NT 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 13.08.2013 , PASSED BY THE L EAR NED CIT(A), FOR THE ASSESSMENT YEAR 20 0 9 - 10 , ON THE FOLLOWING GROUND : - 1. ON THE FACTS AND CIRCUMSTANCES OF THE CASE , THE LEARNED CIT(A) HAS NOT JUSTIFIED BY DELETING THE ADDITION /DISALLOWANCES MADE U/S 69A OF THE ACT BY AMOUNTING TO RS.20,08,000/ - IN R ESPECT TO THE UNDISCLOSED BANK ACCOUNT , WHILE THE AO HAS WELL ESTABLISHED IN ASSESSMENT ORDER THAT TRANSACTION MADE FROM THIS ACCOUNT IS NOT A PART OF HER REGULAR BUSINESS. 2. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE LD. CIT(A) OUGHT TO HAV E UPHELD THE ORDER OF THE ASSESSING OFFICER. 3. IT IS THEREFORE, PRAYED THAT THE ORDER OF THE CIT(A) MAY BE SET - ASIDE AND THAT OF AS SESSING OFFICER MAY BE RESTORED TO THE ABOVE EXTENT. I.T.A. NO . 2 667 /AHD/201 3 A SSESSMENT Y EAR S : 20 0 9 - 10 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NO.21/2015 DATED 10 TH DECEMBER, 2015, I AM OF THE CONSIDERED VIEW THAT THIS APPEAL IS LIABLE TO BE DISMISSED AS WITHDRAWN FOR THE SIMPLE REASON THAT TAX EFFECT INV OLVED IN THE APPEAL IS LESS THAN RS.10,00,000/ - . 3.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 , 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 AHMED ABAD BENCHES, AHMEDABAD