The ITO, Ward-1, GANDHIDHAM V. Shri Pradeepsinh Danubha Jadeja, GANDHIDHAM

ITA 426/RJT/2013

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 1351 (ITAT-RAJKOT)
• Duration Of Justice: 4 year(s) 9 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-09-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2008-2009
• Appeal Filed On: 08-11-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL, RAJKOT BENCH, RAJKOT (CONDUCTED THROUGH E - COURT AT AHMEDABAD) BEFORE SHRI RAJPAL YADA V , JUDICIAL MEMBER AND WASEEM AHMED, ACCOUNTANT MEMBER ./ ITA NO.426 /RJT /2013 / ASSTT. YEAR : 2008 - 2009 I.T .O , WARD - 1 , GANDHIDHAM VS SHRI PRADEEPSINH DANUBHA JADEJA , OFFICE NO.15, 2 ND FLOOR, PLOT NO.326, WARD - 12B, GANDHIDHAM - KURCH . PAN: AFOPJ4638Q (APPLICANT) (RESPONENT) REVENUE BY : SHRI PRAVEEN VERMA , SR. D R ASSESSEE BY : SHRI KALPESH DOSHI, AR / DATE OF HEARING : 30 / 07 / 201 8 / DATE OF PRONOUNCEMENT: 07 / 09 /201 8 / O R D E R PER RAJPAL YADAV, JUDICIAL MEMBER : THE PRESENT APPEAL IS DIRECTED AT THE INSTANCE OF REVENUE AGAINST THE ORDER OF LD.CIT(A) DATED 29/08/2013, PASSED FOR THE ASSESSMENT YEAR 2008 - 09. 2. T HE REVENUE HAS RAIS ED FOLL OWING GROUNDS OF APPEALS . 1. THE LD. CIT(A) HAS ERRED IN RESTRICTING THE ADDITION OF RS.25,09,327/ - OUT OF TOTAL ADDITION OF RS.41,65,700/ - MADE ON ACCOUNT OF ADDITION U/S.69 OF THE I.T. ACT. . 2. THE LD.CIT(A) HAS ERRED IN CONSIDERING THE PART PLEA OF ASSESSEE AND HAS CONSIDERED THE CASH DEPOSIT IN UNACCOUNTED BANK ACCOUNTS BY ACCOUNTED TRANSACTION OF TURNOVER & NET AGRICULTURE INCOME. ITA NO.426/RJT/2013 ASSTT. YEAR 2008 - 09 2 3. THE LD.CIT(A) HAS ERRED IN CONSIDERING THE PART PLEA OF ASSESSEE THAT DEPOSITS TO THE TUNE OF RS.9,00,000/ - ARE EXPLAINED BY CASH WITHDRAWAL FROM ICICI BANK, WHILE ASSESSEE HAS N OT PROVED THAT SAME WERE WITHDRAWN BY HIM, JUST ON BASIS OF ENTRY IN BANK ACCOUNT AS SELF CHEQUE, WHICH ALSO INCLUDE PAYMENT TO OTHERS BY SELF CHEQUE. 3. AT THE VERY OUTSET IT WAS BROUGHT TO OUR NOTICE THAT THE TAX EFFECT IN THE APPEAL BY VIRTUE OF THE R ELIEF GIVEN BY CIT(A) IS LESS THAN RS.20 LAKHS AND CBDT HAS ISSUED INSTRUCTION RECENTLY VIDE CIRCULAR NO .3/2018 DATED 11.7.2018 , RESTRICTING IT S AUTHORITIES TO FILE APPEAL BEFORE THE TRIBUNAL IN THE CASES WHERE TAX EFFECT BY VIRTUE OF RELIEF GIVEN BY CIT( A) IS LESS THAN RS.20 LAKHS. THE S E INSTRUCTION HAVE BEEN MADE APPLICABLE ON THE PENDING APPEALS ALSO. 4. HOWEVER, WE FIND THAT AT THIS STAGE LD.DR IS NOT IN A POSITION TO MAKE CATEGORICAL STATEMENT ABOUT THE CALCULATION OF TAX EFFECT AS WELL AS FALLING OF THIS APPEAL IN THE EXCEPTION PROVIDED IN THE INSTRUCTION. THEREFORE, ON RE - VERIFICATION AT THE END OF AO , IF IT COMES OUT THAT TAX EFFECT IS MORE THAN RS.20 LAKHS OR CASE FALLS WITHIN THE EXCEPTION PROVIDED IN THE INSTRUCTION, THEN REVENUE WILL BE A T LIBERTY APPLY EXCEPTION OR RECALL OF THIS ORDER. SUCH APPLICATION SHOULD BE FILED WITHIN THE TIME PERIOD PRESCRIBED IN THE ACT. 5 . IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. O RDER PRONOUNCED IN THE COURT ON 7 TH SEPTEMBER , 2018 AT AHMEDABAD. - SD - - SD - (WASEEM AHMED ) (RAJPAL YADAV ) ACCOUNTANT MEMBER (TRUE COPY) JUDICIAL MEMBER A HMEDABAD; DATED 07 / 09 /2017 MANISH ITA NO.426/RJT/2013 ASSTT. YEAR 2008 - 09 3 / COPY OF THE ORDER FORWARDED TO : / BY ORDER, / ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / CONCERNED CIT 4. ( ) / THE CIT(A) 5. , / DR, ITAT, 6. / GUARD FILE .