The ACIT, Circle-7, Ahmedabad V. M/s. Zydus Trus(Prop.of Cadam Enterprise), Ahmedabad

ITA 51/AHD/2012

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 57256 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-03-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2006-2007
• Appeal Filed On: 06-01-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A TIRKEY
• Assessee Lawyers: M M PATEL
• Keywords: Tax effect
• Section: 260A

Judgement Text

ITA 51/AHD/12 ASSESSMENT YEAR 2006-07. 1 IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, A HMEDABAD (BEFORE SHRI G.C.GUPTA VICE PRESIDENT & SHRI ANIL CHATURVEDI A.M.) I.T.A. NO. 51/AHD/ 2012 (ASSESSMENT YEAR: 2006 - 07 ) ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-7, PRATYAKSHA BHAVAN, NR.PANJARA POLE, AMBAWADI, AHMEDABAD. (APPELLANT) VS. M/S. ZYDUS TRUST (PROP. OF CADAM ENTERPRISE) C/O . . CADILA HEALTH CARE, ZYDUS TOWER,, OPP. ISCON TEMPLE, S.G. ROAD, AHMEDABAD. (RESPONDENT) PAN: AAATZ 0022 B APPELLANT BY : SHRI A. TIRKEY, SR. D.R. RESPONDENT BY : SHRI M.M. PATEL. ( )/ ORDER DATE OF HEARING : 7-3-2012. DATE OF PRONOUNCEMENT : 16-3-12 PER: SHRI ANIL CHATURVEDI, ACCOUNTANT MEMBER. THIS APPEAL IS FILED BY THE REVENUE AGAINST THE ORD ER OF LD. CIT (A)-XI, AHMEDABAD DATED 18-10-2011 FOR THE ASSESSMENT YEAR 2006-07. 2. WE HAVE CONSIDERED RIVAL CONTENTIONS AND GONE TH ROUGH THE ORDERS OF THE AUTHORITIES BELOW AND FIND FROM THE RECORDS THA T THE TOTAL ADDITION DELETED BY CIT(A) AMOUNTS TO RS. 9,22,223/- ON WHICH TAX EF FECT WORKS OUT TO BE LESS THAN RS.3 LACS. THE APPEAL WAS FILED BY THE REVENUE ON 21-2-2011. AS PER THE CBDT INSTRUCTION NO.3/2011 DATED 9-2-2011, THE DEPA RTMENT IS NOT TO FILE APPEAL FROM 9-2-2011, IF THE TAX EFFECT IS LESS THA N RS.3 LACS. ITA 51/AHD/12 ASSESSMENT YEAR 2006-07. 2 3. THE CBDT VIDE INSTRUCTION NO.3/2011 DATED 9-2-20 11 REVISED/RAISED THE MONETARY LIMIT FOR FILING THE APPEAL BY THE DEPARTM ENT AS UNDER:- SR.NO. AUTHORITY MONETARY LIMIT.(IN RS.) 1 ITAT 3,00,000/- 2 APPEAL UNDER SECTION 260A BEFORE HIGH COURT. 10,00,000/- 3 SUPREME COURT 25,00,000/- THE ABOVE INSTRUCTIONS ARE APPLICABLE TO THE APPEAL S FILED ON OR AFTER 9-2-2011, ISSUED U/S. 268A (1) OF THE I.T. ACT, 1961. 4. IN VIEW OF THE ABOVE INSTRUCTION OF CBDT THE APP EAL FILED BY THE DEPARTMENT IS NOT MAINTAINABLE AS THE TAX EFFECT IN THE APPEAL FILED BY THE REVENUE IS LESS THAN RS. 3 LACS. 5. IN THE RESULT APPEAL OF THE REVENUE IS DISMISSED . ORDER PRONOUNCED IN OPEN COURT ON 16 - 3 - 20 12. SD/- SD/- (G.C.GUPTA) (ANIL CHATURVEDI) VICE PRESIDENT ACCOUNTANT MEMBER AHMEDABAD. S.A.PATKI. ITA 51/AHD/12 ASSESSMENT YEAR 2006-07. 3 COPY OF THE ORDER FORWARDED TO: - 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT (APPEALS)-XIV, AHMEDABAD. 4. THE CIT CONCERNED. 5. THE DR., ITAT, AHMEDABAD. 6. GUARD FILE. BY ORDER DEPUTY/ASSTT.REGISTRAR ITAT,AHMEDABAD. 1.DATE OF DICTATION 7 - 3 -2012 2.DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE TH E DICTATING 7 / 3 / 2012 MEMBER.OTHER MEMBER. 3.DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. P.S./P.S 16 - 3 -2012. 4.DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT 16 - 3 -2012 5.DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR .P.S./P.S 16 - 3 -2012 6.DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 1 6 - 3 -2012. 7.DATE ON WHICH THE FILE GOES TO THE HEAD CLERK . 8.THE DATE ON WHICH THE FILE GOES TO THE ASSTT. REG ISTRAR FOR SIGNATURE ON THE ORDER 9.DATE OF DESPATCH OF THE ORDER..