Dy.Commissioner of Income Tax, Circle-2(1)(1), Ahmedabad V. M/s. Everest Publicity P.Ltd., Ahmedabad

ITA 3452/AHD/2015

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 1200 (ITAT-AHMEDABAD)
• Duration Of Justice: 7 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-07-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Next Hearing Date: 12-07-2016
• Assessment Year: 2012-2013
• Appeal Filed On: 10-12-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

, , , , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, AHMEDABAD BEFORE SHRI R.P. TOLANI, JUDICIAL MEMBER AND SHRI MANISH BORAD, ACCOUNTANT MEMBER ./ ././ ./ ITA NO. 3452/AHD/2015 / // / ASSESSMENT YEAR : 2012-13 DCIT, CIRCLE 2(1)(1), AHMEDABAD VS M/S. EVEREST PUBLICITY PVT LTD, 404, CRYSTAL ARCADE, NR.TELEPHONE EXCHANGE, CG ROAD, NAVRANGPURA, AHMEDABAD PAN : AACCE 0905 F / // / (APPELLANT) / // / (RESPONDENT) REVENUE BY : SHRI PRASOON KABRA, SR DR ASSESSEE BY : NONE / // / DATE OF HEARING : 12/07/2016 / // / DATE OF PRONOUNCEMENT: 12/07/2016 / // / O R D E R PER R.P. TOLANI, JUDICIAL MEMBER:- THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME-TAX (APPEALS)-2, AHMEDABAD D ATED 30.09.2015 FOR ASSESSMENT YEAR 2012-13. 2. THE GROUNDS RAISED BY THE REVENUE READ AS UNDER :- I) THE LD. CIT(A) HAS ERRED IN LAW AND ON FACTS IN DELE TING THE DISALLOWANCE MADE U/S 40(A)(IA) OF THE ACT AMOUNTING TO RS.24,21,81 0/-, WITHOUT PROPERLY APPRECIATING THE FACTS OF THE CASE AND THE MATERIAL BROUGHT ON RECORD. II) ON THE FACTS AND CIRCUMSTANCES OF THE CASE, THE LD. CIT(A) OUGHT TO HAVE UPHELD THE ORDER OF THE ASSESSING OFFICER. III) IT IS, THEREFORE, PRAYED THAT THE ORDER OF THE LD. CIT(A) MAY BE SET-ASIDE AND THAT OF THE ASSESSING OFFICER MAY BE RESTORED TO THE ABOVE EXTENT. 3. AT THE TIME OF HEARING, NONE APPEARED ON BEHALF OF THE ASSESSEE. 4. WE HAVE HEARD THE LD. DEPARTMENTAL REPRESENTATIV E AND PERUSED THE MATERIAL AVAILABLE ON RECORD. ON PERUSING THE GROU ND OF APPEAL RAISED BY SMC-ITA NO. 3452/AHD/2015 DCIT VS. M/S. EVEREST PUBLICITY PVT LTD AY : 2012-13 2 THE REVENUE, WE FIND THAT REVENUE IS AGGRIEVED BY T HE ORDER OF CIT(A) IN DELETING THE DISALLOWANCE OF RS.24,21,810/- U/S 40( A)(IA) OF THE ACT AND THE TAX EFFECT OF WHICH IS BELOW RS.10 LACS. AS PER TH E ANNOUNCEMENT OF CENTRAL BOARD OF DIRECT TAXES (CBDT) DATED 10.12.2015 (CIRC ULAR NO.21 OF 2015), NO DEPARTMENT APPEALS ARE TO BE FILED AGAINST RELIEF G IVEN BY LD. CIT(A) BEFORE THE INCOME TAX APPELLATE TRIBUNAL UNLESS THE TAX EF FECT, EXCLUDING INTEREST EXCEEDS RS.10 LACS AND IT FURTHER STATES THAT THE I NSTRUCTIONS WILL APPLY RETROSPECTIVELY TO THE PENDING APPEALS. IN THE PRE SENT CASE, SINCE IT IS AN UNDISPUTED FACT THAT THE TAX EFFECT IS LESS THAN RS .10 LACS, WE ARE OF THE VIEW THAT THE MONETARY LIMIT PRESCRIBED BY THE INSTRUCTI ONS OF THE AFORESAID CBDT CIRCULAR WOULD BE APPLICABLE TO THE PRESENT APPEAL OF THE DEPARTMENT AND THEREFORE THE PRESENT APPEAL IS NOT MAINTAINABLE ON ACCOUNT OF LOW TAX EFFECT. IN SUCH CIRCUMSTANCES, WE DISMISS THIS APPEAL OF TH E REVENUE WITHOUT EXPRESSING ANY OPINION ON MERITS OF THE CASE. 5. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED IN LIMINE. ORDER PRONOUNCED IN THE COURT ON 12 TH JULY, 2016 AT AHMEDABAD. SD/- SD/- (MANISH BORAD) ACCOUNTANT MEMBER (R.P. TOLANI) JUDICIAL MEMBER AHMEDABAD; DATED 12/07/2016 *BIJU T. / 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