ACIT, Vapi V. Shri Ashutosh Chandrakant Patel, Dadra & Nagar Haveli

ITA 832/AHD/2015

• Counselvise Citation: [2018] 111 COUNSELVISE.COM (IT) 1943 (ITAT-SURAT)
• Duration Of Justice: 2 year(s) 11 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-03-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2008-2009
• Appeal Filed On: 10-04-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SHRI M K PATEL
• Assessee Lawyers: MRS R KAVITHA
• Keywords: Tax effect
• Section: 13

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL, SURAT BENCH,SURAT [ , , BEFORE SHRI C.M.GARG, JUDICIAL MEMBER AND SHRI O.P.MEENA, ACCOUNTANT MEMBER . / ITA NO.832/AHD/2015/SRT & C.O. NO.77/AHD/2015/SRT [ [ / ASSESSMENT YEAR: 2008-09 DY. COMMISSIONER OF INCOME TAX, VAPI CIRCLE, VAPI. VS. SHRIASHUTOSHCHANDRAKANT PATEL, A-9, ZERO TAX INDUSTRIAL ESTATE, VILLAGE: DADRA & NAGAR HAVELI. [PAN: AGMPP 3734C] ( / APPELLANT) ( /RESPONDENT/CROSS OBJECTOR) / APPELLANT BY : SHRIM.K.PATEL, ADVOCATE /RESPONDENT BY : SHRI MRS. R.KAVITHA, SR. D.R /DATE OF HEARING : 08-03-2018 /DATE OF PRONOUNCEMENT : 13-03-2018 / ORDER PERC.M.GARG, JUDICIAL MEMBER : THIS APPEAL OF THE REVENUE AND CROSS OBJECTION OF THE ASSESSEE HAVE BEEN FILED AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS), 2 ITA NO.832/AHD./2015/SRT & C.O NO. 77/AHD/2015/SRT (A.Y: 2008-09) SHRIASHUTOSHCHANDRAKANT PATEL VALSAD(CIT(A) FOR SHORT) DATED 09.01.2015 FOR THE ASSESSMENT YEAR (AY) 2008-09 PASSED IN THE FIRST APPEAL NO. CIT(A)/VLS/271/10-11. REVENUES APPEAL IN ITA NO.832/AHD/2015/SRT : 2. AT THE TIME OF HEARING THE LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THE TAX EFFECT IN THE APPEAL FILED BY THE REVENUE IS LESS THAN THE MONETARY LIMIT OF RS. 10,00,000/- FIXED BY THE CBDT TO FILE AN APPEAL BY THE REVENUE BEFORE THE TRIBUNAL AS PER THE CBDT CIRCULAR NO.21/2015, DATED 10.12.2015. THE LD. DR FAIRLY CONCEDED THE SUBMISSIONS MADE BY THE LD. COUNSEL FOR THE ASSESSEE. BEING SO, THE REVENUE AUTHORITIES ARE PRECLUDED FROM FILING THE APPEAL BEFORE THE TRIBUNAL, SINCE THE TAX EFFECT IS LESS THAN RS. 10,00,000/- IN THIS APPEAL. ACCORDINGLY, THE APPEAL FILED BY THE REVENUE IS DISMISSED AS UN-ADMITTED. ASSESSEES CROSS OBJECTION IN C.O NO. 77/AHD/2015/SRT : 3. THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ASSESSEE DOES NOT WANT TO PRESS THE CROSS OBJECTION, THEREFORE, THE SAME IS DISMISSED AS NOT PRESSED. 4. IN THE RESULT, THE APPEALOF THE REVENUE AND CROSS OBJECTION OF THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS DAY OF13 TH MARCH, 2018. 3 ITA NO.832/AHD./2015/SRT & C.O NO. 77/AHD/2015/SRT (A.Y: 2008-09) SHRIASHUTOSHCHANDRAKANT PATEL SD/- SD/- ( ) (O.P.MEENA), /ACCOUNTANT MEMBER ( ) (C.M.GARG) /JUDICIAL MEMBER / SURAT ; DATED : 13 TH MARCH, 2018 EDN / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. ( ) / THE CIT; 4 . , , / DR, ITAT,SURAT; 5 [ / GUARD FILE. / BY ORDER, // TRUE COPY // / ASSISTANT REGISTRAR , / ITAT, SURAT