The ITO, Ward-3(1), JAMNAGAR V. Shri Babulal B. Dobariya, JAMNAGAR

ITA 342/RJT/2015

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 0080 (ITAT-RAJKOT)
• Duration Of Justice: 1 year(s) 4 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-11-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2006-2007
• Appeal Filed On: 02-07-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: USHA N SHROTE
• Assessee Lawyers: ANKIT GOKANIA R
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH, RAJKOT [CONDUCTED THROUGH E-COURT AT AHMEDABAD] (BEFORE SHRI PRAMOD KUMAR, ACCOUNTANT MEMBER & SHRI MAHAVIR PRASAD, JUDICIAL MEMBER) ITA. NO: 342/RJT/2015 (ASSESSMENT YEAR: 2006-07) INCOME TAX OFFICER, WARD- 3(1), JAMNAGAR V/S SHRI BABULAL B. DOBARIA, TARUN, SARDAR PATEL NAGAR, B/H JOLLY BUNGLOW, JAMNAGAR. (APPELLANT) (RESPONDENT) PAN: ABNPD 8665 L APPELLANT BY : SMT. USHA N. SHROTE, SR. D.R. RESPONDENT BY : SHRI ANKIT GOKANI,A.R. ( )/ ORDER DATE OF HEARING : 30 -11-2016 DATE OF PRONOUNCEMENT : 30-11-2016 PER MAHAVIR PRASAD, JUDICIAL MEMBER: 1. THIS APPEAL BY THE REVENUE IS PREFERRED AGAINST THE ORDER OF LD. CIT(A), JAMNAGAR DATED 06.04.2015 PERTAINING TO A.Y. 2006-07. ITA NO. 342/RJT/2015 . A.Y. 2006-07 2 2. THE SUBSTANTIVE GRIEVANCE OF THE REVENUE READS AS UNDER:- 1. THE LD. CIT(A) HAS ERRED IN LAW AND FACTS IN DELETING THE ADDITION MADE BY THE AO ON ACCOUNT OF REMUNERATION NOT OFFERED FOR TAXATION. 2. THE LD. CIT(A) HAS ERRED IN LAW AND FACTS IN DELETING THE ADDITION MADE BY THE AO ON ACCOUNT OF INTEREST NOT OFFERED FOR TAXATION. 3. ON THE BASIS OF THE FACTS AND CIRCUMSTANCES OF THE CASE, THE LEARNED CIT(A) OUGHT TO HAVE UPHELD THE ORDER OF THE ASSESSING OFFICER. 3. A PERUSAL OF THE AFOREMENTIONED GROUND SHOWS THAT THE QUANTUM INVOLVED IN THE APPEAL IS RS. 592240/- ON WHICH THE TAX EFFECT IS LESS THAN RS. 10 LACS. THEREFORE, THIS APPEAL BY THE REVENUE IS HIT BY THE CBDT CIRCULAR NO. 21 OF 2015 DATED 10.12.2015 BY WHICH THE CBDT HAS FIXED THE MONETARY LIMIT FOR FILING THE APPEAL BEFORE THE APPELLATE TRIBUNAL HAVING TAX EFFECT OF MORE THAN RS. 10 LACS. 4. IN THE LIGHT OF THE AFOREMENTIONED CBDT CIRCULAR, THIS APPEAL BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON 30 -11 - 2016 SD/- SD/- (PRAMOD KUMAR) (MAHAVIR PRASAD) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD: 30/11/2016 PRITI COPY OF THE ORDER FORWARDED TO: - 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT (APPEALS) 4. THE CIT CONCERNED. 5. THE DR., ITAT, AHMEDABAD. 6. GUARD FILE. BY ORDER DEPUTY/ASSTT.REGISTRAR ITAT,RAJKOT