ITO-(Exemption), Bhavnagar V. Yashodev Surishwarji Parshwa Padmawati Trust, Bhavnagar

ITA 680/AHD/2016

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 1689 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-05-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 16-05-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 18-03-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, AHMEDABAD BEFORE SHRI SHAILENDRA KUMAR YADAV, JUDICIAL MEMBER SHRI ANIL CHATURVEDI, ACCOUNTANT MEMBER AND ./ I.T.A. NO.680/AHD/2016 ( / ASSESSMENT YEAR : 2009-10) THE ITO (EXEMPTIONS) BHAVNAGAR / VS. YASHODEV SURISHWARJI PARSHWA PADMAWATI TRUST VRAJLAL PANACHAND DANAPATH TALUKA : PALITANA BHAVNAGAR ./ ./ PAN/GIR NO. : AAATY 0187 G ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI ALPESH PARMAR, DR / RESPONDENT BY : NONE- / DATE OF HEARING 16/5/2016 !'# / DATE OF PRONOUNCEMENT 16/05/2016 / O R D E R PER SHRI ANIL CHATURVEDI, ACCOUNTANT MEMBER : THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX(APPEALS)-9, AHMEDABAD DATED 12/01/2016 FOR THE ASSESSMENT YEAR 2009-10. 2. THE GROUNDS RAISED BY THE REVENUE READS AS UNDER :- ITA NO.680/AHD/ 2016 ITO(EXEMP) VS. YASHODEV SURISHWARJI PARSHWA ASST.YEAR 2009-10 - 2 - I) WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES OF TH E CASE THE LD.CIT(A) IS JUSTIFIED IN ALLOWING THE ASSESSEES A PPEAL IN DELETING THE ADDITION OF DISALLOWANCE OF EXCESS ACC UMULATION OF RS.6,23,513/- ON INCOME U/S.11(3) OF THE ACT MADE B Y THE ASSESSING OFFICER. II) ON THE FACTS AND CIRCUMSTANCES OF THE CASE, THE LD.COMMISSIONER OF INCOME-TAX(APPEALS) OUGHT TO HAV E UPHELD THE ORDER OF THE ASSESSING OFFICER. 3. ON THE DATE OF HEARING, NONE APPEARED ON BEHALF OF ASSESSEE NOR ANY ADJOURNMENT APPLICATION WAS FILED ON THEIR BEHA LF. WE THEREFORE PROCEED TO DECIDE THE APPEAL EX-PARTE QUA THE ASSESSEE. 4. THE LD. D.R. FAIRLY ADMITTED THAT THE TAX EF FECT ON THE IMPUGNED ADDITIONS IS LESS THAN THE LIMIT PRESCRIBED BY THE CBDT CIRCULAR OF 10.12.2015 BEARING NO. 21 OF 2015. 5. WE HAVE HEARD THE LD. D.R. AND PERUSED THE MATER IAL ON RECORD. ON PERUSING THE GROUNDS OF APPEAL RAISED BY THE REVENU E, WE FIND THAT REVENUE IS AGGRIEVED BY THE ADDITION OF RS.6,23,513 /- THE TAX EFFECT OF WHICH IS BELOW RS.10 LACS. AS PER THE ANNOUNCEMENT OF CENTRAL BOARD OF DIRECT TAXES (CBDT) DATED 10.12.2015 (CIRCULAR NO. 21 OF 2015), NO DEPARTMENT APPEALS ARE TO BE FILED AGAINST RELIEF G IVEN BY LD. CIT(A) BEFORE THE INCOME TAX TRIBUNAL UNLESS THE TAX EFFEC T, EXCLUDING INTEREST EXCEEDS RS. 10 LACS AND IT FURTHER STATES THAT THE INSTRUCTIONS WILL APPLY RETROSPECTIVELY TO THE PENDING APPEALS. IN THE PRES ENT CASE, SINCE IT IS AN ITA NO.680/AHD/ 2016 ITO(EXEMP) VS. YASHODEV SURISHWARJI PARSHWA ASST.YEAR 2009-10 - 3 - UNDISPUTED FACT THAT ON THE ADDITIONS WHICH ARE IN DISPUTE, THE TAX EFFECT IS LESS THAN RS. 10 LACS AND IN THE ABSENCE OF ANY MAT ERIAL ON RECORD BY THE REVENUE TO DEMONSTRATE THAT THE ISSUE IN THE PRESEN T APPEAL IS COVERED BY EXEMPTIONS SPECIFIED IN CLAUSE (8) OF THE AFORESAID CBDT CIRCULAR, WE ARE OF THE VIEW THAT THE MONETARY LIMIT PRESCRIBED BY THE INSTRUCTIONS OF THE AFORESAID CBDT CIRCULAR WOULD BE APPLICABLE TO THE PRESENT APPEAL OF THE DEPARTMENT AND THEREFORE THE PRESENT APPEAL IS NOT MAINTAINABLE ON ACCOUNT OF LOW TAX EFFECT. HOWEVER, IN CASE THERE IS ANY ERROR IN THE COMPUTATION OF THE TAX EFFECT INVOLVED OR IF FOR AN Y REASON, THE AFORESAID CBDT CIRCULAR IS NOT APPLICABLE, IT WOULD BE OPEN T O THE REVENUE TO SEEK REVIVAL OF THE APPEAL. IN SUCH CIRCUMSTANCES, WE D ISMISS THE APPEAL OF REVENUE WITHOUT EXPRESSING ANY OPINION ON MERITS OF THE CASE. 5. IN THE RESULT, THE APPEAL OF REVENUE IS DISMISSE D. THIS ORDER PRONOUNCED IN OPEN COURT ON 16/05/2016 SD/- SD/- (SHAILENDRA KUMAR YADAV) ( ANIL CHATURVEDI ) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD; DATED 16/ 05 /2016 &.., .(../ T.C. NAIR, SR. PS ITA NO.680/AHD/ 2016 ITO(EXEMP) VS. YASHODEV SURISHWARJI PARSHWA ASST.YEAR 2009-10 - 4 - !'#$%$' / COPY OF THE O RDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. )*+ , / CONCERNED CIT 4. , ( ) / THE CIT(A)-9, AHMEDABAD 5. /01 ((*+ , *+# , ) / DR, ITAT, AHMEDABAD 6. 145 6 / GUARD FILE. / BY ORDER, / ( //TRUE COPY// / ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD 1. DATE OF DICTATION .. 16.5.16(COVERED MATTER) 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 16.5.2016 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.16.5.16 7. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 16.5.16 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