The ITO, Ward-7(3), Ahmedabad V. Smt. Vimlaben D. Shah, Ahmedabad

ITA 2672/AHD/2014

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 8710 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 10 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-08-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 08-06-2017
• Assessment Year: 2011-2012
• Appeal Filed On: 01-10-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Audit objection; Tax effect

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, AHMEDABAD BEFORE SHRI RAJPAL YADAV, JUDICIAL MEMBER AND SHRI MANISH BORAD, ACCOUNTANT MEMBER ./ ITA NO. 2672/AHD/2014 / ASSESSMENT YEAR: 2011-12 INCOME-TAX OFFICER, WARD-7(3), AHMEDABAD VS. SMT. VIMLABEN D. SHAH, C/O. SURAJ STAINLESS LTD., SURAJ HOUSE, VIDHYANAGAR SOCIETY, OPP. MUNICIPAL GARDEN, USMANPURA, AHMEDABAD-380013 PAN : ACIPS 7147 L / (APPELLANT) / (RESPONDENT) REVENUE BY : SHRI PRASOON KABRA, SR DR ASSESSEE BY : NONE ! / DATE OF HEARING : 28/07/2017 / DATE OF PRONOUNCEMENT: 01/08/2017 / O R D E R PER RAJPAL YADAV, JUDICIAL MEMBER: THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME-TAX (APPEALS)-XIV, AHMEDABAD DATED 08.07.2014 PASSED FOR ASSESSMENT YEAR 2011-12. 2. THE ONLY SUBSTANTIVE GROUND TAKEN BY THE REVENU E READS AS UNDER:- THE LD. CIT(A) HAS ERRED IN LAW AND ON FACTS IN DIR ECTING THE ASSESSING OFFICER TO DELETE THE ADDITION OF RS.39,76,510/- (W HICH STOOD REDUCED TO RS.24,31,490/- U/S 154 OF THE ACT) ON ACCOUNT OF RE -WORKING OF LONG TERM CAPITAL GAIN DONE BY THE ASSESSING OFFICER WHO DENI ED THE BENEFIT OF COST OF IMPROVEMENT ON THE HOUSE PROPERTY. ITA NO. 2672/AHD/2014 ITO VS. SMT. VIMLABEN D SHAH FOR AY: 2011-12 2 3. AT THE TIME OF HEARING, NONE APPEARED ON BEHALF OF THE ASSESSEE; HOWEVER, WRITTEN SUBMISSION DATED 27.07.2017 WAS FI LED STATING THAT THE TAX EFFECT INVOLVED IN THE PRESENT APPEAL IS LESSER THA N THE PRESCRIBED LIMIT IN VIEW OF THE CBDT CIRCULAR NO.21 OF 2015 DATED 10.12 .2015. 4. WE HAVE HEARD THE LD. DEPARTMENTAL REPRESENTATIV E, PERUSED THE MATERIAL AVAILABLE ON RECORD AND GONE THROUGH THE O RDERS OF THE AUTHORITIES BELOW. ON PERUSING THE GROUNDS OF APPEALS RAISED B Y THE REVENUE, WE PRIMA-FACIE FIND THAT THE TAX EFFECT IN THE PRESENT APPEAL 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 GIVEN BY LD. CIT(A) BEFORE THE INCOM E TAX APPELLATE TRIBUNAL UNLESS THE TAX EFFECT, EXCLUDING INTEREST, EXCEEDS RS.10 LACS AND IT FURTHER STATES THAT THE INSTRUCTIONS WILL APPLY RETROSPECTI VELY TO THE PENDING APPEALS. 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 ORDER O R ADDITION WAS MADE ON SOME AUDIT OBJECTIONS OR THE ADDITION RELATES TO UNDISCLOSED FOREIGN ASSETS/BANK ACCOUNTS, ETC. WE PRIMA-FACIE FIND THAT THE PRESENT CASE DOES NOT FALL WITHIN THE EXEMPTION CLAUSE AND THE TAX EF FECT INVOLVED IN THIS APPEAL IS BELOW RS. 10 LAKHS. THEREFORE, THE APPEA L OF THE REVENUE IS NOT MAINTAINABLE AND HENCE DISMISSED. 5. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED IN LIMINE. ORDER PRONOUNCED IN THE COURT ON 1 ST AUGUST, 2017 AT AHMEDABAD. SD/- SD/- (MANISH BORAD) ACCOUNTANT MEMBER (RAJPAL YADAV) JUDICIAL MEMBER AHMEDABAD; DATED 01/08/2017 BIJU T., SR.PS ITA NO. 2672/AHD/2014 ITO VS. SMT. VIMLABEN D SHAH FOR AY: 2011-12 3 ! &'( )( / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ! # / CONCERNED CIT 4. # ( ) / THE CIT(A) 5. & ! , ! , / DR, ITAT, AHMEDABAD 6. / GUARD FILE . / BY ORDER, TRUE COPY / ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD