The Assistant Commr. of Income Tax, Circle-2, JAMNAGAR V. M/s Pasta Transport Co., JAMNAGAR

ITA 597/RJT/2015

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 6706 (ITAT-RAJKOT)
• Duration Of Justice: 1 year(s) 2 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-02-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2012-2013
• Appeal Filed On: 04-12-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: ARVIND N SONTAKKE ANKT GOKANI
• Keywords: Tax effect
• Section: 12

Judgement Text

ITA NO . 597 / RJT/201 5 A.Y S . 20 12 - 13 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH, RAJKOT (CONDUCTED THROUGH E - COURT AT AHMEDABAD) [CORAM: PRAMOD KUMAR AM AND S.S. GODARA JM ] ITA NO. 597 /RJT/201 5 ASSESSMENT YEAR 20 12 - 13 ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE - 2, JAMNAGAR. ... .. . .....APPELLANT VS. PASTA TRANSPORT CO., .. ..................RESPONDENT NAVI NAGRI, OKHA PORT, [PAN: A A KFP 0114 E ] APPEARANCES BY: ARVIND N. SONTAKKE , F OR THE A PPELLANT ANKT GOKANI , FOR THE RESPONDENT DATE OF CONCLUD ING THE HEARING : 16.02.2017 DATE OF PRONOUNCING THE ORDER : 16 .02.2017 O R D E R PER PRAMOD KUMAR AM: 1. BY W A Y OF TH IS APPEAL, THE ASSESSING OFFICER HAS CHALLENGED CORRECTNESS OF THE ORDER DATED 08.09.2015 , PASSED BY THE LD. CIT (A) , F OR THE ASSESSMENT YEAR 2 0 12 - 13 , ON THE FOLLOWING GROUNDS : - 1. WHETHER, ON FACTS AND THE CIRCUMSTANCES OF THE CASE, THE LD. CIT(A) WAS JUSTIFIED IN DELETING THE ADDITION OF RS.17,01,664/ - MADE U/S.40(A)(IA) BY AO ON ACCOUNT OF NON - DEDUCTION OF TDS U/S.194 - I OF THE I.T. ACT, 1961. 2. ON THE BASIS OF THE FACTS AND CIRCUMSTANCES OF THE CASE, THE LEARNED CIT(A) OUGHT TO HAVE UPHELD THE ORDER OF THE ASSESSING O FFICER. 3. THAT THE REVENUE CRAVES LEAVES TO ADD, AMEND, ALTER OR WITHDRAW ANY GROUND OF APPEAL. 4. IT IS THEREFORE PRAYED THAT THE ORDER OF THE CIT(A), JAMNAGAR MAY KINDLY BE SET ASIDE AND THAT OF ASSESSING O FFICER BE RESTORED. ITA NO . 597 / RJT/201 5 A.Y S . 20 12 - 13 PAGE 2 OF 2 2. I HAVE NOTICED THAT THE TAX EFFECT INVOLVED IN TH IS APPEAL IS LESS THAN RS.10,00,000/ - . IN VIEW OF THIS UNDISPUTED FA CT AND IN THE LIGHT OF CBDT CIRCULAR NO.21/2015 DATED 10 TH DECEMBER, 2015, I AM OF THE CONSIDERED VIEW THAT TH IS APPEAL IS LIABLE TO BE DISMISSED AS WITHDRAWN FOR THE SIMPLE REASON THAT TAX EFFECT INVOLVED IN TH IS APPEAL IS LESS THAN RS.10,00,000/ - . 3. I N THE RESULT, APPEAL IS DISMISSED. P RONOUNCED IN THE OPEN COURT ON THIS 16 TH DAY OF FEBRUARY , 2017 . SD/ - SD/ - S.S. GODARA PRAMOD KUMAR (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) AHMEDABAD , THE 16 TH DAY OF FEBRUARY , 201 7 COPIES TO: (1) TH E APPELLANT (2) THE RESPONDENT (3) COMMISSIONER (4) CIT(A) (5) DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL RAJKOT B ENCH, RAJKOT