The ITO, Ward-11(4), Ahmedabad V. Shri Divyaraj Madanlal Gupta, Ahmedabad

ITA 613/AHD/2014

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 7988 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 9 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-12-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2010-2011
• Appeal Filed On: 28-02-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, AHMEDABAD .., , BEFORE SHRI S.S. GODARA, JUDICIAL MEMBER & SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER ./ I.T.A. NO.613/AHD/2014 ( / ASSESSMENT YEAR : 2010-11) THE INCOME TAX OFFICER WARD-11(4) AHMEDABAD / VS. SHRI DIVYARAJ MADANLAL GUPTA 149, NEW CLOTH MARKET O/S. RAIPUR GATE RAIPUR, AHMEDABAD $ ./ ./ PAN/GIR NO. : ACVPG 1840 P ( $' / APPELLANT ) .. ( ($' / RESPONDENT ) $') / APPELLANT BY : SHRI PRASOON KABRA SR.DR ($'*) / RESPONDENT BY : -NONE- +,*- / DATE OF HEARING 11/12/2017 ./0*- / DATE OF PRONOUNCEMENT 13/ 12 /2017 / O R D E R PER PRADIP KUMAR KEDIA - AM: THE CAPTIONED APPEAL HAS BEEN FILED AT THE INSTAN CE OF THE REVENUE AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-XVI, AHMEDABAD [CIT(A) IN SHORT] DATED 16/12/2013 RELEVANT TO AS SESSMENT YEAR (AY) 2010-11. 2. THE GROUND OF APPEAL RAISED BY THE REVENUE R EADS AS UNDER:- ITA NO.613/AHD/ 2014 ITO VS.SHRI DIVYARAJ MADANLAL GUPTA ASST.YEAR 2010-11 - 2 - (1) THE LD.CIT(A) HAS ERRED IN LAW AND ON FACTS IN DELETING THE ADDITION OF RS.25,77,836/- MADE BY THE AO ON ACCOUN T OF U/S.69B OF THE IT ACT AS VARIATION IN STOCK NOTED IN STATEM ENT TO BANK VIJ A VIJ BOOK VALUE WITHOUT APPRECIATING THE FACTS OF TH E CASE DISCUSSED IN THE ASSESSMENT ORDER BY THE AO. 3. NONE APPEARED ON BEHALF OF THE RESPONDENT -ASSESSEE. 4. WE FIND THAT THE APPEAL FILED BY THE REVENUE IS HIT BY CBDT CIRCULAR NO.21 OF 2015 DATED 10/12/2015. AS PER AF ORESAID CIRCULAR, ALL PENDING APPEALS FILED BY REVENUE ARE LIABLE TO BE D ISMISSED AS A MEASURE FOR REDUCING LITIGATION WHERE THE TAX EFFECT DOES N OT EXCEED THE PRESCRIBED MONETARY LIMIT WHICH IS RS.10 LAKHS. IN THE INSTAN T CASE, THE TAX EFFECT ON THE DISPUTED ISSUE RAISED BY THE REVENUE IS STATED TO BE LESS RS.10 LAKHS AND THEREFORE APPEAL OF THE REVENUE IS REQUIRED TO BE DISMISSED IN LIMINE . 5. THE LD.DR FOR THE REVENUE FAIRLY ADMITTED THE AP PLICABILITY OF THE CBDT CIRCULAR NO.21 OF 2015. ACCORDINGLY, APPEAL OF THE REVENUE IS DISMISSED AS NOT MAINTAINABLE. HOWEVER, IT WILL BE OPEN TO THE REVENUE TO SEEK RESTORATION OF ITS APPEAL ON SHOWING INAPPL ICABILITY OF THE AFORESAID CBDT CIRCULAR IN ANY MANNER. ITA NO.613/AHD/ 2014 ITO VS.SHRI DIVYARAJ MADANLAL GUPTA ASST.YEAR 2010-11 - 3 - 6. IN THE RESULT, THE APPEAL OF THE REVENUE IS DI SMISSED. THIS ORDER PRONOUNCED IN OPEN COURT ON 13 / 1 2 /201 7 SD/- SD/- (..) ( ) ( S.S. GODARA ) ( PRADIP KUMAR KEDIA ) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD; DATED 13/ 12 /2017 4..+,.+../ T.C. NAIR, SR. PS !'#$%$' / COPY OF THE ORDER FORWARDED TO : 1. $' / THE APPELLANT 2. ($' / THE RESPONDENT. 3. 567- 8- / CONCERNED CIT 4. 8- ( ) / THE CIT(A)-XVI, AHMEDABAD 5. 9:-+67 , 670 , 5 / DR, ITAT, AHMEDABAD 6. <, / GUARD FILE. / BY ORDER, (9-- //TRUE COPY// / ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD 1. DATE OF DICTATION ..12.12.2017 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 12.12.2017 3. OTHER MEMBER 4. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P. S./P.S.. 5. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 6. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P .S./P.S.13.12.17 7. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 13.12.17 8. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK ... 9. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER.. 10. DATE OF DESPATCH OF THE ORDER