The ACIT,(OSD) Circle-8, Ahmedabad V. Syndicate Overseas (P) Ltd., Mumbai

ITA 3344/AHD/2010

• Counselvise Citation: [2013] 140 COUNSELVISE.COM (IT) 67801 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 9 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-10-2013
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 12-09-2013
• Assessment Year: 2007-2008
• Appeal Filed On: 16-12-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P L KUREEL SRDR
• Assessee Lawyers: SUNIL TALATI
• Keywords: Tax effect

Judgement Text

, , , , B, IN THE INCOME TAX APPELLATE TRIBUNAL AT AHMEDABAD, B BENCH . .. . . .. . , !' !' !' !', , , , #$ #$ #$ #$ %& %& %& %& , , , , &' &' &' &' ( & ' ( & ' ( & ' ( & ' BEFORE S/SHRI G.C. GUPTA, VICE-PRESIDENT AND TEJ RAM MEENA, ACCOUNTANT MEMBER) ITA NO.3344/AHD/2010 [ASSTT.YEAR : 2007-2008] ACIT (OSD), CIR.8, AHMEDABAD. /VS. SYNDICATE OVERSEAS P. LTD. 95-96, GOVT. INDL. ESTATE HINDUSTAN NAKA, CHARKOP KANDIVALI (W) MUMBAI 67. PAN : AAHCS 0778 D ( (( (*+ *+ *+ *+ / APPELLANT) ( (( (,-*+ ,-*+ ,-*+ ,-*+ / RESPONDENT) ( . / &/ REVENUE BY : SHRI P.L. KUREEL, SR-DR 1% . / &/ ASSESSEE BY : SHRI SUNIL TALATI 2 . %3'/ DATE OF HEARING : 12 TH SEPTEMBER, 2013. 456 . %3'/ DATE OF PRONOUNCEMENT : 04/10/2013 &7 / O R D E R PER G.C. GUPTA, VICE-PRESIDENT: THIS APPEAL OF THE REVENUE FOR THE ASSESSMENT YEAR 2007-2008 IS DIRECT ED AGAINST THE ORDER OF THE CIT(A)-XIV, AHMEDABAD DATED 20.9.2010. ITA NO.3344/AHD/2010 -2 2. AT THE OUTSET, THE LEARNED COUNSEL FOR THE ASSES SEE POINTED OUT THAT THE DISPUTED TAX EFFECT IN THIS APPEAL OF THE REVENUE IS LESS THAN THE RS.3 LAKHS, AND THEREFORE THE PRESENT APPEAL IS NOT MAINTAINABLE. HE HAS FILED A CALCULATION SHEET SHOWING THE COMPUT ATION OF TAX EFFECT ON DISPUTED ADDITION OF RS.2,19,325/-. THE LEARNED DR COULD NOT CONTROVERT THE SUBMISSIONS OF THE LEARNED COUNSEL O F THE ASSESSEE. HOWEVER, HE HAS RELIED ON THE ORDER OF THE AO. WE HAVE CONSIDERED RIVAL SUBMISSIONS. AS THE DISPUTED TAX EFFECT IN T HIS CASE IS LESS THAN RS.3 LAKHS, THE MONETARY LIMIT PRESCRIBED BY THE CB DT, FOR FILING THE APPEAL BEFORE THE TRIBUNAL, WE ARE OF THE VIEW THAT THE PRESENT APPEAL PREFERRED BY THE REVENUE IS NOT MAINTAINABLE, AND A CCORDINGLY DISMISSED IN LIMINE . 3. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN OPEN COURT ON THE DATE MENTIONE D HEREINABOVE. SD/- SD/- ( %& %& %& %& / TEJ RAM MEENA) &' ( &' ( &' ( &' ( /ACCOUNTANT MEMBER ( . .. . . .. . /G.C. GUPTA) !' !' !' !' /VICE-PRESIDENT C OPY OF THE ORDER FORWARDED TO: 1) : APPELLANT 2) : RESPONDENT 3) : CIT(A) 4) : CIT CONCERNED 5) : DR, ITAT. BY ORDER DR/AR, ITAT, AHMEDABAD