The ACIT, Central Circle-3, Surat V. Shri Tarak P.Dangasia, Surat

ITA 590/AHD/2010

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 9794 (ITAT-AHMEDABAD)
• Duration Of Justice: 6 year(s) 9 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-12-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 06-12-2016
• Assessment Year: 2007-2008
• Appeal Filed On: 23-02-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SU RENDRA KUMAR
• Assessee Lawyers: M K PATEL
• Keywords: Income from undisclosed sources; Tax effect

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, AHMEDABAD . . , , BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER AND SHRI MAHAVIR PRASAD, JUDICIAL MEMBER ( ./ I.T.A. NO.590/AHD/2010) ( / ASSESSMENT YEAR :2007-08) THE ASSTT. COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-3, ROOM NO. 507, AAYAKAR BHAVAN, MAJURA GATE, SURAT. / VS. SHRI TARAK P DANGASIA, 14 CHETAN PARK SOCIETY, B/H GURUNAGAR,- VARACHHA ROAD, SURAT., ./ ./ PAN/GIR NO. : AHOPD 2906 M ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI SURENDRA KUMAR, CIT D.R. / RESPONDENT BY : SHRI M.K. PATEL, A.R. / DATE OF HEARING 06/12/2016 / DATE OF PRONOUNCEMENT 07/12/2016 / O R D E R PER SHRI MAHAVIR PRASAD, JUDICIAL MEMBER : 1. THIS APPEAL BY THE REVENUE IS PREFERRED AGAINST THE ORDER OF LD. CIT(A)-II, AHMEDABAD DATED 24.11.2009 PERTAINING TO A.Y. 2007- 08. 2. THE SUBSTANTIVE GRIEVANCE OF THE REVENUE READS AS UNDER:- THE LD.CIT(A) HAS ERRED IN LAW AND ON FACTS IN RESTRICTING THE ADDITION AT RS.44,18,509/-AND IN DELETING THE BALANCE ADDITION OF RS.32,13,698/- MADE ON ACCOUNT OF VOLUNTARY DISCLOSURE OF UNACCOUNTED INCOME BY THE ASSESSEE DURING THE COURSE OF SEARCH & SEIZURE. ITA NO.590/AHD/2010 ACIT VS. SHRI TARAK P DANGASIA, ASST.YEAR 2007-08 - 2 - 3. A PERUSAL OF THE AFOREMENTIONED GROUND SHOWS THAT THE QUANTUM INVOLVED IN THE APPEAL IS 4. LESS THAN RS. 10 LACS. THEREFORE, THIS APPEAL BY THE REVENUE IS HIT BY THE CBDT CIRCULAR NO. 21 OF 2015 DATED 10.12.2015 BY WHICH THE CBDT HAS FIXED THE MONETARY LIMIT FOR FILING THE APPEAL BEFORE THE APPELLATE TRIBUNAL HAVING TAX EFFECT OF MORE THAN RS. 10 LACS. 5. IN THE LIGHT OF THE AFOREMENTIONED CBDT CIRCULAR, THIS APPEAL BY THE REVENUE IS DISMISSED. THIS ORDER PRONOUNCED IN OPEN COURT ON 07/12/2016 SD/- SD/- . . ( ) ( ) ( N.K. BILLAIYA ) ( MAHAVIR PRASAD ) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD; DATED 07/12 /2016 TRUE COPY / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / CONCERNED CIT 4. ( ) / THE CIT(A)-II 5. , , / DR, ITAT, AHMEDABAD 6. / GUARD FILE. / BY ORDER, //TRUE COPY// / ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD