Dy.Commissioner of Income Tax, Circle-1(1)(2), Ahmedabad V. Shri Avtarsingh Khurana, Ahmedabad

ITA 3464/AHD/2015

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 8684 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 8 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-08-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2007-2008
• Appeal Filed On: 10-12-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DEEPAK SUTHRIA
• Assessee Lawyers: P M MEHTA; G M THAKAR
• Keywords: Tax effect

Judgement Text

I.T.A. NO S . 3464 & 3466 /AHD/201 5 ASSESSMENT Y EA RS: 20 07 - 08 & 2005 - 06 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL, AHMEDABAD SMC BENCH, AHMEDABAD [CORAM : PRAMOD KUMAR AM ] I.T.A. NO S . 346 4 & 3466 /AHD/201 5 ASSESSMENT Y EAR S : 20 07 - 08 & 2005 - 06 DY. COMMISSIONER OF INCOME TAX , .... ................ APPELLANT CIRC LE 1(1)(2) , AHMEDABAD. VS. AVTARSINGH KHURANA, .......... . RESPONDENT 75, SAFAL VIHAN, NEAR EKLAVYA SCHOOL, SARKHEJ SANAND ROAD, AHMEDABAD 38 0 0 58 . [PAN: A F HPK 5758 B ] APPEARANCES BY: DEEPAK SUTHRIA FOR THE APPELLANT P.M. MEHTA & G.M. THAKAR FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : 21 .08 .2017 DATE OF PRONOUNCING THE ORDER : 22 .08 . 2017 O R D E R 1. BY WAY OF TH ESE APPEAL S , THE ASSESSING OFFICER HAS CHALLENGED CORRECTNESS OF THE TWO SEPARATE ORDER S, BOT H DATED 21.09.2015 , PASSED BY THE L EARNED CIT(A) - 1 , AHMEDABAD FOR THE ASSESSMENT YEAR S 20 07 - 08 & 2005 - 06 , ON THE FOLLOWING GROUND S : - ASSESSMENT YEAR: 20 0 7 - 08 : - 1. T HE LD. CIT(A) HAS ERRED IN LAW AND ON FACTS IN DELETING THE PENALTY OF RS.6,74,857/ - LEVI ED U/S.271(1)(C) OF THE I.T. ACT. 2. ON THE FACT AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW, THE CIT(A) OUGHT TO HAVE UPHELD THE ORDER OF THE ASSESSING OFFICER TO THE EXTENT MENTIONED ABOVE SINCE THE ASSESSEE HAS FAILED TO DISCLOSE HIS TRUE INCOME/B OOK PROFIT. . 3. THE APPELLANT PRAYS THAT THE ORDER OF CIT(A) ON THE ABOVE GROUNDS BE SET ASIDE AND THAT OF THE ASSESSING OFFICER BE RESTORED TO THE ABOVE EXTENT. I.T.A. NO S . 3464 & 3466 /AHD/201 5 ASSESSMENT Y EA RS: 20 07 - 08 & 2005 - 06 PAGE 2 OF 2 ASSESSMENT YEAR: 20 05 - 06: - 1. THE LD. CIT(A) HAS ERRED IN LAW AND ON FACTS IN DELETING THE PENALTY OF RS.6,46,374/ - LEVIED U/S.271(1)(C) OF THE I.T. ACT. 2. ON THE FACT AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW, THE CIT(A) OUGHT TO HAVE UPHELD THE ORDER OF THE ASSESSING OFFICER TO THE EXTENT MENTIONED ABOVE SINCE THE ASSESSEE HAS FAI LED TO DISCLOSE HIS TRUE INCOME/BOOK PROFIT. . 3. THE APPELLANT PRAYS THAT THE ORDER OF CIT(A) ON THE ABOVE GROUNDS BE SET ASIDE AND THAT OF THE ASSESSING OFFICER BE RESTORED TO THE ABOVE EXTENT. 2. I HAVE NOTICED THAT THE TAX EFFECT INVOLVED IN TH ESE APPEAL S IS LESS THAN RS.10,00,000/ - . IN VIEW OF THIS UNDISPUTED FACT AND IN THE LIGHT OF CBDT CIRCULAR NO.21/2015 DATED 10 TH DECEMBER, 2015, I AM OF THE CONSIDERED VIEW THAT TH ESE APPEAL S ARE LIABLE TO BE DISMISSED AS WITHDRAWN FOR THE SIMPLE REASON THAT TAX EFFECT INVOLVED IN TH ESE APPEAL S IS LESS THAN RS.10,00,000/ - . 3 . IN THE RESULT, BOTH THE APPEAL S ARE DISMISSED . PR O NOUNCED IN THE OPEN COURT TODAY ON THE 22 ND DAY OF AUGUST 2017. SD/ - PRAMOD KUMAR (ACCOUNTANT MEMBER) DATED: AHMEDABAD, THE 22 ND DAY OF AUGUST , 2017. COPIES TO : (1) THE APPELLANT (2) THE RESPONDENT (3) CIT (4) CIT(A) (5) DR (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD