The ACIT, Central Circle-1, Surat V. Shri Nathabhai J. Thesia, Surat

ITA 422/AHD/2007

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 62988 (ITAT-AHMEDABAD)
• Duration Of Justice: 5 year(s) 8 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-10-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 03-09-2012
• Assessment Year: 1998-1999
• Appeal Filed On: 29-01-2007
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: KARTAR SINGH
• Keywords: Tax effect

Judgement Text

, , , , A, IN THE INCOME TAX APPELLATE TRIBUNAL AT AHMEDABAD, A BENCH . .. . . .. . , !' !' !' !', , , , #$ %&'( #$ %&'( #$ %&'( #$ %&'(, , , , )* + )* + )* + )* + ) ' ) ' ) ' ) ' BEFORE S/SHRI G.C. GUPTA, VICE-PRESIDENT AND ANIL CHATURVEDI, ACCOUNTANT MEMBER) ITA NO.422/AHD/2007 [ASSTT.YEAR : 1998-1999] ACIT, CENT.CIR.1 SURAT. /VS. SHRI NATHUBHAI J. THESIA 33, NIL KAMAL PARK KAPODARA VARACHHA ROAD, SURAT. PAN : ABSPT 1589 N ( (( (-. -. -. -. / APPELLANT) ( (( (/0-. /0-. /0-. /0-. / RESPONDENT) 1& 2 3 )/ ASSESSEE BY : NONE + 2 3 )/ REVENUE BY : SHRI KARTARSINGH 5 2 &(*/ DATE OF HEARING : 3 RD SEPTEMBER, 2012 678 2 &(*/ DATE OF PRONOUNCEMENT : 05-10-2012 )9 / O R D E R PER G.C. GUPTA, VICE-PRESIDENT: THIS APPEAL BY THE REVENUE FOR THE ASSESSMENT YEAR 1998-1999 IS DIRECT ED AGAINST THE ORDER OF THE CIT(A) DATED 21.11.2006. 2. AT THE TIME OF HEARING NONE APPEARED ON BEHALF O F THE ASSESSEE HOWEVER, THE APPLICATION FOR ADJOURNMENT FILED BY T HE ASSESSEE WAS REJECTED BY THE BENCH. ITA NO.422/AHD/2007 -2- 3. THE ONLY GROUND OF THE APPEAL OF THE REVENUE IS AS UNDER: 1. THE LD.CIT(A) HAS ERRED IN LAW AND ON FACTS IN DELETING THE ADDITION OF RS.5,37,188/- MADE ON ACCOUNT OF OP ENING BALANCE IN CAPITAL ACCOUNT OF THE ASSESSEE. 4. THE LEARNED DR HAS RELIED ON THE ORDER OF THE AO . 5. WE HAVE CONSIDERED SUBMISSIONS OF THE LEARNED DR AND PERUSED THE ORDERS OF THE AO AND THE CIT(A). WE FIND THAT THE PRESENT APPEAL PREFERRED BY THE REVENUE IS NOT MAINTAINABLE IN VIE W OF THE FACT THAT THE DISPUTED TAX EFFECT COMES TO LESS THAN RS.2 LAKHS. THE ITAT IS TAKING CONSISTENT VIEW ON THE ISSUE OF ADMISSIBILITY OF AP PEAL FILED BY THE REVENUE IN THE LIGHT OF VARIOUS INSTRUCTIONS ISSUED BY CBDT FROM TIME TO TIME, VIZ. INSTRUCTION NO.1979 DATED 27-3-2 000, NO.1985 DATED 29-6-2000, NO.6 OF 2003 DATED 17-70-2003, NO. 19 OF 2003 DATED 23-12-2003, NO.5/2004 DATED 27-5-2004, NO.2/2 005 DATED 24- 10-2005 AND NO.5/2007 DATED 16-7-2007, INSTRUCTION NO.F.NO.279/MISC.142/2007-IT DATED 15-5-2008 AND IN STRUCTION NO.3/2011 [F.NO.279/MISC.142/2007-ITJ] DATED 9-2-20 11 WHEREIN MONETARY LIMITS FOR FILING DEPARTMENTAL APPEALS (IN COME-TAX MATTERS) AND OTHER CONDITIONS WERE SPECIFIED, RESTRICTING FI LING APPEALS BEFORE APPELLATE TRIBUNAL. WE THEREFORE HOLD THAT THE PRE SENT APPEAL OF THE DEPARTMENT IS NOT MAINTAINABLE AND DISMISS THE SAME IN LIMINE . 6. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED IN LIMINE . ORDER PRONOUNCED IN OPEN COURT ON THE DATE MENTIONE D HEREINABOVE. SD/- SD/- ( %&'( %&'( %&'( %&'( / ANIL CHATURVEDI) )* + )* + )* + )* + /ACCOUNTANT MEMBER ( . .. . . .. . /G.C. GUPTA) !' !' !' !' /VICE-PRESIDENT ITA NO.422/AHD/2007 -3- C OPY OF THE ORDER FORWARDED TO: 1) : APPELLANT 2) : RESPONDENT 3) : CIT(A) 4) : CIT CONCERNED 5) : DR, ITAT. BY ORDER DR/AR, ITAT, AHMEDABAD 1. DATE OF DICTATION : 03-09-2012 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER. : 05-09-2012 3. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P.S./P.S : 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT. : 5. DATE ON WHICH FAIR ORDER PLACED BEFORE OTHER MEMBER : 6. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P.S./P.S. : 7. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK. : 05-10-2012 8. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK. : 9. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER. : 10. DATE OF DESPATCH OF THE ORDER :