The ITO, Ward-1(1)(3), Ahmedabad V. M/s. Chirag Synthetic Mills Pvt. Ltd., Ahmedabad

ITA 3654/AHD/2015

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 8518 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 8 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-09-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2010-2011
• Appeal Filed On: 29-12-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ROOP CHAND
• Keywords: Depreciation; Tax effect

Judgement Text

I.T.A. NO. 3654 /AHD/201 5 ASSESSMENT Y EAR: 20 1 0 - 11 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD D BENCH, AHMEDABAD [CORAM: PRAMOD KUMAR , AM AND S.S. GODARA, JM] I.T.A. NO. 3654 /AHD/201 5 ASSESSMENT Y EAR : 20 1 0 - 11 INCOME TAX OFFICER , .... ................ APPELLANT WARD 1 ( 1 ) ( 3 ) , AHMEDABAD. VS. CHIRAG SYNTHETIC MILLS PVT. LTD. .......... . RESPONDENT 243, NEW CLOTH MARKET, NEAR RAIPUR GATE, AHMEDABAD 38 0 00 2 . [PAN: A ABCC 6729 J ] APPEARANCES BY: ROOP CHAND FOR THE APPELLANT NONE F OR THE RESPONDENT DATE OF CONCLUDING THE HEARING : 1 2 .0 9 .2017 DATE OF PRONOUNCING THE ORDER : 19 .09 . 2017 O R D E R 1. BY WAY OF THIS APPEAL, THE ASSESSING OFFICER HAS CHALLENGED CORRECTNESS OF THE ORDER DATED 26 TH OCTOBER 2015, PASSED BY THE L EARNED CIT(A) - 1 , AHMEDABAD FOR THE ASSESSMENT YEAR 20 1 0 - 11 , ON THE FOLLOWING GROUND S : - T HE LD. CIT(A) HAS ERRED IN LAW AND ON FACTS IN DELETING THE DISALLOWANCE OF RS.4,34,966/ - BEING THE DEPRECIATION ON MOTOR CARS IN EXCESS OF 15% MADE BY THE ASSESSING OFFICER. 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/BOOK PROFIT. THE APPELLANT PRAYS THAT TH E 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. 3654 /AHD/201 5 ASSESSMENT Y EAR: 20 1 0 - 11 PAGE 2 OF 2 2. WE HAVE NOTICED THAT THE TAX EFFECT INVOLVED IN TH IS APPEAL IS LESS THAN RS.10,00,000/ - . IN VIEW OF THIS UNDISPUTED FACT AND IN TH E LIGHT OF CBDT CIRCULAR NO.21/2015 DATED 10 TH DECEMBER, 2015, WE ARE OF THE CONSIDERED VIEW THAT TH IS APPEAL IS LIABLE TO BE DISMISSED AS WITHDRAWN FOR THE SIMPLE REASON THAT TAX EFFECT INVOLVED IN TH IS APPEAL IS LESS THAN RS.10,00,000/ - . 3 . IN THE RES ULT, APPEAL IS DISMISSED . PR O NOUNCED IN THE OPEN COURT TODAY ON THE 19 TH DAY OF SEPTEMBER, 2017. SD/ - SD/ - S.S. GODARA PRAMOD KUMAR (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) AHMEDABAD, THE 19 TH DAY OF SEPTEMBER, 2017 PBN/* COPIES TO: (1) THE APPELLANT (2) THE RESPONDENT (3) COMMISSIONER (4) CIT(A) (5) DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER UE COPY ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNA L AHMEDABAD BENCHES, AHMEDABAD