The ACIT,B.K.Circle, Palanpur V. The B.K.V.Road Transport Credit Co.Op.Society Ltd., Banaskantha

ITA 2870/AHD/2012

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 9508 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 2 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-02-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 24-02-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 21-12-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SONIA KUMAR SR DR
• Keywords: Tax effect

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, AHMEDABAD BEFORE SHRI SHAILENDRA K. YADAV, JUDICIAL MEMBER AND SHRI MANISH BORAD, ACCOUNTANT MEMBER ./ ITA NOS. 2870 & 2906/AHD/2012 / ASSESSMENT YEAR: 2009-10 & 2008-09 RESPECTIVELY ACIT, B.K. CIRCLE, PALANPUR .. APPELLANT VS THE B.K.V. ROAD TRANSPORT CREDIT CO-OP. SOCIETY LTD, HIGHWAY, BHABHAR-38320 .. RESPONDENT PAN : AAAAT 1687 R REVENUE BY : SMT. SONIA KUMAR, SR-DR ASSESSEE(S) BY NONE / DATE OF HEARING 24/02/2016 /DATE OF PRONOUNCEMENT 25/02/2016 / O R D E R PER BENCH: THESE TWO APPEALS FILED BY THE REVENUE ARE DIRECTED AGAINST SEPARATE ORDERS OF THE COMMISSIONER OF INCOME TAX ( APPEALS)-XX, AHMEDABAD OF EVEN DATED 08.10.2012, IN DELETING THE DISALLOWANCE OF RS.18,56,337/- & RS. 20,15,741/-, MADE U/S 80P(2 )(A)(I) OF THE ACT, FOR ASSESSMENT YEARS 2009-10 AND 2008-09 RESPE CTIVELY. 2. WE HAVE HEARD THE LD. DEPARTMENTAL REPRESENTATIV E AND PERUSED THE MATERIAL ON RECORD. ON PERUSING THE GR OUNDS OF APPEAL RAISED BY THE REVENUE, WE FIND THAT REVENUE IS AGGR IEVED BY THE ORDER OF CIT(A) IN DELETING THE DISALLOWANCE OF RS. 18,56,337/- & RS. 20,15,741/- MADE BY THE ASSESSING OFFICER U/S 80P(2 )(A)(I) OF THE ACT FOR ASSESSMENT YEARS 2009-10 AND 2008-09 RESPECTIVE LY. THE TAX EFFECT OF EACH OF THESE APPEALS IS BELOW RS.10 LACS . AS PER THE ITA NOS. 2870 & 2906/AHD/2012 ACIT VS. BKV ROAD TRANSPORT CREDIT CO-OP SOCIETY L TD AY 2008-09 AND 2009-10 - 2 - 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 INCOME TAX APPELLATE TRIBUNAL UNLESS THE TAX EFFECT, EXCLUDING INTEREST EXCEEDS RS.10 LACS AND IT FURTHER STATES THAT THE INSTRUCTI ONS WILL APPLY RETROSPECTIVELY TO THE PENDING APPEALS. IN THE PRE SENT CASE, SINCE IT IS AN UNDISPUTED FACT THAT THE TAX EFFECT IS LESS T HAN RS.10 LACS, WE ARE OF THE VIEW THAT THE MONETARY LIMIT PRESCRIBED BY THE INSTRUCTIONS OF THE AFORESAID CBDT CIRCULAR WOULD B E APPLICABLE TO THE PRESENT APPEALS OF THE DEPARTMENT AND THEREFORE THE PRESENT APPEALS ARE NOT MAINTAINABLE ON ACCOUNT OF LOW TAX EFFECT. IN SUCH CIRCUMSTANCES, WE DISMISS BOTH THE APPEALS OF REVEN UE WITHOUT EXPRESSING ANY OPINION ON MERITS OF THE CASE. 3. IN THE RESULT, BOTH THE APPEALS FILED BY THE REV ENUE ARE DISMISSED IN LIMINE. ORDER PRONOUNCED IN THE COURT ON 25TH FEBRUARY, 201 6 AT AHMEDABAD. SD/- SD/- (MANISH BORAD) ACCOUNTANT MEMBER (SHAILENDRA K. YADAV) JUDICIAL MEMBER AHMEDABAD; DATED 25/02/2016 *BT / 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