The ITO, Ward-1, GANDHIDHAM V. Shri Subhash R. Goyal, GANDHIDHAM

ITA 565/RJT/2015

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 6713 (ITAT-RAJKOT)
• Duration Of Justice: 1 year(s) 3 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-02-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2009-2010
• Appeal Filed On: 09-11-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ARVIND N SONTAKKE
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH, RAJKOT [CONDUCTED THROUGH E-COURT AT AHMEDABAD] BEFORE, SHRI S. S. GODARA, JUDICIAL MEMBER AND SHRI MANISH BORAD, ACCOUNTANT MEMBER ITA NO. 565/RJT/2015 (ASSESSMENT YEAR:2009-10) INCOME TAX OFFICER, WARD-1, GANDHIDHAM APPELLANT VS. SHRI SUBHASH R. GOYAL PLOT NO.259, WARD-12B-GANDHIDHAM RESPONDENT PAN: ABOPG7818D /BY REVENUE : SHRI ARVIND N. SONTAKKE, SR. D.R. /BY ASSESSEE : SHRI KALPESH DOSHI, A.R. /DATE OF HEARING : 15.02.2017 /DATE OF PRONOUNCEMENT : 16.02.2017 ORDER PER S. S. GODARA, JUDICIAL MEMBER THIS REVENUES APPEAL FOR ASSESSMENT YEAR 2009-10 A RISES AGAINST THE CIT(A), JAMNAGARS ORDER DATED 11.08.2015, IN APPEA L NO. ITA NO. 565/RJT/2015 (ITO VS. SHRI SUBHASH R. GOYA L) A.Y. 2006-07 - 2 - CIT(A)/JAM/141/15-16/502, IN PROCEEDINGS UNDER SECT ION 143(3) OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT. 2. THE REVENUES SUBSTANTIVE GROUND PLEADED IN THE INSTANT APPEAL CHALLENGES THE CIT(A)S ORDER INTER ALIA DELETING T HE ADDITION OF RS.25,00,000/- MADE ON ACCOUNT OF DISALLOWANCE OF D EDUCTION U/S.54F OF THE ACT. THERE IS NO DISPUTE THAT THE NET TAX EFFECT I N THE INSTANT APPEAL IS LESS THAN RS.10 LACS. WE FIND THAT THE CENTRAL BOARD OF DIRECT TAXES; HEREAFTER THE BOARD HAS ISSUED THE CIRCULAR NO. 21/2015 DAT ED 10.12.2015 CLEARLY ENVISAGING THEREIN THAT DEPARTMENTS PENDING APPEAL S BEFORE THE TRIBUNAL/HIGH COURTS ARE TO BE WITHDRAWN/NOT PRESSED AS PER THE A BOVE STATED CIRCULAR. THE SAME HAS BEEN DECLARED TO BE HAVING RETROSPECTIVE E FFECT IN OTHER WORDS. WE TAKE INTO CONSIDERATION THE ABOVE STATED BOARDS CI RCULAR 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 16 TH DAY OF FEBRUARY, 2017.] SD/- SD/- ( MANISH BORAD ) (S. S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD: DATED 16/02/2017 TRUE COPY S.K.SINHA COPY OF THE ORDER FORWARDED TO:- 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT (APPEALS) 4. THE CIT CONCERNED. 5. THE DR., ITAT, AHMEDABAD. 6. GUARD FILE. BY ORDER DEPUTY/ASSTT.REGISTRAR ITAT, RAJKOT