The ITO, International Taxation, GANDHIDHAM V. M/s. Venkatesh Karriers Ltd. Agent of M.V. Hidir Selek, Freight Benificiary : Dampaskibeds kabet Norden A/s Denmark, JAMNAGAR

ITA 34/RJT/2014

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 2340 (ITAT-RAJKOT)
• Duration Of Justice: 2 year(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-01-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 07-12-2015
• Assessment Year: 2003-2004
• Appeal Filed On: 09-01-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: C S ANJARIA VIMAL DESAI
• Keywords: Tax effect

Judgement Text

ITA NO .3 4 / RJT/201 4 A.Y S . 20 0 3 - 04 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH, RAJKOT (CONDUCTED THROUGH E - COURT AT AHMEDABAD) [CORAM: PRAMOD KUMAR AM AND KUL BHARAT JM ] ITA NO. 3 4 /RJT/201 4 ASSESSMENT YEAR 20 03 - 04 INCOME TAX OFFICER (INTERNATIONAL TAXATION) ..... ... .. . .. ... APP ELLANT GANDHIDHAM . VS. VENKATESH KARRIERS LIMITED, . .......... .... ...... ..................RESPONDENT SHIPPER HOUSE, LIMDA LANE, JAMNAGAR. [PAN: A AACV 2738 B ] APPEARANCES BY: C.S. ANJARIA , F OR THE A PPELLANT VIMAL DESAI , FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : DECEMBER 7 TH , 201 5 DATE OF PRONOUNCING THE ORDER : JANUARY 22 ND , 2016 O R D E R PER PRAMOD KUMAR AM: 1. BY W A Y OF TH IS APPEAL, THE ASSESSING OFFICER HAS CHALLENGED CORRECTNESS OF THE ORDER DATED 1 ST OCTOBER, 2013 , PASSED BY THE LD. CIT (A) , FOR THE ASSESSMENT YEAR 2 0 03 - 04 , ON THE FOLLOWING GROUNDS : - 1. THE L D. CIT(A) HAS ER R ED IN LAW AND ON FACTS IN HOLDING THAT UNITED SHIPPERS LIMITED WAS THE FREIGHT BENEFICIARY WITHOUT CONSIDERING THAT THE FREIGHT WAS PAID TO DAMPSKIBSS ELSKABET NORDEN A/S OF DENMARK AND HENCE DAMPSKIBSSELSKABET NORDEN A/S WAS THE FREIGHT BENEFICIARY IN THE C A SE. 2. THE LD . CIT(A) HAS ERRED IN LAW AND ON FACTS IN HOLDING THAT SECTION 172 IS NOT APPLICABLE TO CO A STAL TRAFFIC. 3. TH E REFOR E THE ORDER OF TH E LD . CIT(A) DESERVES TO BE DELETED AND THAT OF THE ASSESSING OFFICER RESTORED. ITA NO .3 4 / RJT/201 4 A.Y S . 20 0 3 - 04 PAGE 2 OF 2 2. WE HAVE NOTICED THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS ONLY RS.3,30,840/ - . IN VIEW OF THIS UNDISPUTED FACT AND IN THE LIGHT OF CBDT CIRCULAR NO.21/2015 DATED 10 TH DECEMBER, 2015, WE ARE OF THE CONSIDERED VIEW THAT THIS APPEAL IS LIABLE TO BE DISMISSED AS WITHDRAWN FOR THE SIMPLE REASON TH A T TAX EFF E CT INVOLV E D IN THE APPEAL IS LESS TH A N RS.10,00,000/ - . 3. IN THE RESULT, APPEAL IS DISMISSED. P RONOUNCED IN THE OPEN COURT ON THIS 22 ND DAY OF JANUARY, 2016. SD/ - SD/ - KUL BHARAT PRAMOD KUMAR (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) AHMEDABAD , THE 22 ND DAY OF JANUARY , 201 6 COPIES TO: (1) THE APPELLANT (2) THE RESPONDENT (3) COMMISSIONER (4) CIT(A) (5) DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH, RAJKOT