The ITO, Ward-7(1), Surat V. Shri Bhanuprasad Amritlal Parikh, Surat

ITA 751/AHD/2012

• Counselvise Citation: 75120514 RSA 2012
• Duration Of Justice: 1 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-05-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2004-2005
• Appeal Filed On: 02-04-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S A BOHRA
• Keywords: Accommodation entries; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, A BENCH, AHMEDABAD BEFORE SHRI A. K. GARODIA, ACCOUNTANT MEMBER AND SHRI KUL BHARAT, JUDICIAL MEMBER I.T.A. NO.751 / AHD/2012 (ASSESSMENT YEAR 2004-05) ITO, WARD 7(1), SURAT VS. BHANUPRASAD AMRITLAL PARIKH, 154, SARJAN SOCIETY, PARLE POINT, DUMAS ROAD, SURAT-395007 PAN/GIR NO. : ADGPP4836K (APPELLANT) .. (RESPONDENT) APPELLANT BY: SHRI S A BOHRA, SR. DR RESPONDENT BY: WRITTEN SUBMISSION DATE OF HEARING: 28.05.2012 DATE OF PRONOUNCEMENT: 31.05.2012 O R D E R PER SHRI A. K. GARODIA, AM:- THIS IS REVENUES APPEAL DIRECTED AGAINST THE ORDER OF LD. CIT(A) V, SURAT DATED 30.12.2011 FOR THE ASSESSMENT YEAR 2004 -05. THE GROUNDS RAISED BY THE REVENUE ARE AS UNDER: [1] THE LEARNED CIT(A) ERRED IN LAW AND ON FACTS IN DELETING THE ADDITION MADE BY THE A.O. OF RS. 8,16,976/- ON ACCOUNT OF ACCOMMODATION ENTRIES, TAKEN BY ASSESSEE. [2] LD. CIT(A) ERRED IN LAW IN ADMITTING THE FRESH EVIDENCES WITHOUT GIVING ANY OPPORTUNITY TO A.O. TO EXAMINE T HE EVIDENCES/DOCUMENTS PRODUCED BY ASSESSEE AS ENVISAG ED IN RULE 46A(3). [3] IT IS, THEREFORE, PRAYED THAT THE ORDER OF THE CIT (A) BE SET ASIDE AND THAT OF THE ASSESSING OFFICER BE RESTORED . I.T.A.NO. 751 /AHD/2012 2 2. NONE APPEARED ON BEHALF OF THE ASSESSEE BUT WRIT TEN SUBMISSIONS OF THE ASSESSEE DATED 22.05.2012 ARE AVAILABLE ON RECO RD AND HENCE, WE PROCEED TO DECIDE THIS APPEAL OF THE REVENUE EX-PAR TE QUA THE ASSESSEE AFTER HEARING THE LD. D.R. AND AFTER CONSIDERING TH E WRITTEN SUBMISSIONS OF THE ASSESSEE. 3. IN THE WRITTEN SUBMISSIONS OF THE ASSESSEE, IT W AS SUBMITTED THAT THE TAX EFFECT IN THE PRESENT CASE IS ONLY RS.2,69,602/ - AND HENCE, IT IS BELOW RS.3 LACS AND BECAUSE THE APPEAL BY THE REVENUE HAS BEEN FILED ON 02.04.2012, IT IS NOT MAINTAINABLE BECAUSE OF LOW T AX EFFECT AS PER CBDT INSTRUCTION NO.3/2011 DATED 09.02.2011. THE WORKIN G OF THE TAX EFFECT IS ALSO GIVEN BY THE ASSESSEE IN THE WRITTEN SUBMISSIO NS. 4. THE LD. D.R. OF THE REVENUE WAS CONFRONTED WITH THIS WORKING BY THE ASSESSEE SHOWING LOW TAX EFFECT AND NO MISTAKE COULD BE POINTED OUT BY LD. D.R. 4. SINCE THE TAX EFFECT IN THE PRESENT CASE IS BELO W RS.3 LACS, THIS APPEAL OF THE REVENUE IS NOT MAINTAINABLE IN VIEW O F CBDT INSTRUCTIONS NO.3/2011 DATED 09.02.2011 BECAUSE THE APPEAL WAS F ILED IN THE PRESENT CASE ON 02.04.2011 WHICH IS AFTER THIS CBDT INSTRUC TIONS. HENCE, THE APPEAL OF THE REVENUE IS DISMISSED AS NOT MAINTAINA BLE BECAUSE OF LOW TAX EFFECT. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. 6. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE M ENTIONED HEREINABOVE. SD./- SD./- (KUL BHARAT) (A. K. GARODIA) JUDICIAL MEMBER ACCOUNTANT MEMBER SP I.T.A.NO. 751 /AHD/2012 3 COPY OF THE ORDER FORWARDED TO: 1. THE APPLICANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE LD. CIT (APPEALS) 5. THE DR, AHMEDABAD BY ORDER 6. THE GUARD FILE AR,ITAT,AHMEDABAD 1. DATE OF DICTATION 29/5/2012 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 30/5/2012.OTHER MEMBER 3. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. P .S./P.S. 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 31/5/12 5. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. P.S./P.S.31/5 6. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 04/6/12 7. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK .. 8. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER . 9. DATE OF DESPATCH OF THE ORDER. .