The ITO, Ward-2(1), Ahmedabad V. Shri Anil Kanayalal Tekani, Ahmedabad

ITA 35/AHD/2014

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 7956 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 11 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-12-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2010-2011
• Appeal Filed On: 07-01-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: V K SINGH
• Keywords: Retrospective amendment; Tax effect
• Section: 143(3); 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD D BENCH AHMEDABAD BEFORE, SHRI S. S. GODARA, JUDICIAL MEMBER AND SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER ITA NO. 35/AHD/2014 (ASSESSMENT YEAR: 2010-11) INCOME TAX OFFICER, WARD-2(1), AHMEDABAD, A-WING, ROOM NO. 108, 1 ST FLOOR, PRATYAKSH KAR BHAVAN, AMBAWADI, AHMEDABAD-15 APPELLAN T VS. ANIL KANAYALAL TEKANI (PROP. OF M/S. ANMOL TRADERS) SHOP NO. 106, AMBICA CLOTH MARKET-2, SINDHI MARKET, KALUPUR KOT NI RANG, AHMEDABAD - 380001 RESPO NDENT PAN: ABJPT9406F /BY REVENUE : SHRI V. K. SINGH, SR. D.R. /BY ASSESSEE : NONE /DATE OF HEARING : 11.12.2017 /DATE OF PRONOUNCEMENT : 18.12.2017 ORDER PER S. S. GODARA, JUDICIAL MEMBER THIS REVENUES APPEAL FOR ASSESSMENT YEAR 2010-11 A RISES AGAINST THE CIT(A)-6, AHMEDABADS ORDER DATED 25.11.2013 IN CAS E NO. CIT(A)-VI/WD.2(1)/R- 2/169/12-13, IN PROCEEDINGS U/S. 144 R.W.S. 143(3) OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT. ITA NO. 35/AHD/14 [ITO VS. ANIL K. TEKANI] A.Y. 2010-11 - 2 - 2. THE REVENUES ONLY SUBSTANTIVE GROUND PLEADED IN THE INSTANT APPEAL CHALLENGES THE CIT(A)S ORDER DELETING THE ADDITION U/S.68 TO THE EXTENT OF RS.11.55 LACS. THERE IS NO DISPUTE THAT THE NET TAX EFFECT IN THE INSTANT APPEAL IS LESS THAN RS.10 LACS. WE FIND THAT THE CENTRAL BOARD OF DIRE CT TAXES; HEREAFTER THE BOARD HAS ISSUED THE CIRCULAR NO. 21/2015 DATED 10.12.201 5 CLEARLY ENVISAGING THEREIN THAT DEPARTMENTS PENDING APPEALS BEFORE THE TRIBUNAL/HI GH COURTS ARE TO BE WITHDRAWN/NOT PRESSED AS PER THE ABOVE STATED CIRCU LAR. THE SAME HAS BEEN DECLARED TO BE HAVING RETROSPECTIVE EFFECT IN OTHER WORDS. WE TAKE INTO CONSIDERATION THE ABOVE STATED BOARDS CIRCULAR AND DISMISS THE INSTANT APPEAL ACCORDINGLY. 3. THIS REVENUES APPEAL IS DISMISSED AS HAVING LOW TAX EFFECT. [PRONOUNCED IN THE OPEN COURT ON THIS THE 18 TH DAY OF DECEMBER, 2017.] SD/- SD/- ( PRADIP KUMAR KEDIA ) (S. S. GODARA) ACCOUNTANT MEMBER JUDICIAL M EMBER AHMEDABAD: DATED 18/12/2017 TRUE COPY S.K.SINHA / COPY OF ORDER FORWARDED TO:- / REVENUE 2 / ASSESSEE ! / CONCERNED CIT 4 !- / CIT (A) ( )*+ ,--. . /0 / DR, ITAT, AHMEDABAD 1 +23 45 / GUARD FILE. BY ORDER / . // . /0