The ACIT, Circle-10, Ahmedabad V. Shri Nalinbhai Manubhai L/h of late Kanchanben C Shah, Ahmedabad

ITA 918/AHD/2002

• Counselvise Citation: 91820514 RSA 2002
• Duration Of Justice: 10 year(s) 2 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-06-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 14-06-2012
• Assessment Year: 1994-1995
• Appeal Filed On: 05-04-2002
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

, , , , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, AHMEDABAD , .. , '# ' $ BEFORE SHRI MUKUL KR.SHRAWAT, JUDICIAL MEMBER AND SHRI T.R. MEENA, ACCOUNTANT MEMBER ./ I.T.A. NO.918/AHD/2002 ( & ' & ' & ' & ' / / / / ASSESSMENT YEAR : 1994-95) THE ASST.CIT CIRCLE-10 AHMEDABAD & & & & / VS. SHRI NALINBHAI MANUBHAI [L/H OF (LATE) SMT.KANCHANBEN C.SHAH] [L/H OF (LATE) SHRI CHINUBHAI C.SHAH] CHAITANYA C.G.ROAD BH.LAW COLLEGE, AHMEDABAD ( '# ./)* ./ PAN/GIR NO. : 31-092-PN-1253 ( (+ / // / APPELLANT ) .. ( ,-(+/ RESPONDENT ) (+ . '/ APPELLANT BY : SHRI SAMIR TEKRIWAL, SR.D.R. ,-(+ / . ' / RESPONDENT BY : -NONE- &0 / #/ // / DATE OF HEARING : 14/06/2012 12' / # / DATE OF PRONOUNCEMENT : 22/06/2012 '3/ O R D E R PER SHRI MUKUL KR. SHRAWAT, JUDICIAL MEMBER : THIS IS AN APPEAL AT THE BEHEST OF THE REVENUE W HICH HAS EMANATED FROM THE ORDER OF LEARNED CIT(APPEALS)-XVI, AHMEDAB AD DATED 09/01/2002 AND THE GROUNDS RAISED ARE REPRODUCED B ELOW:- 1. THE LD. CIT(A) HAS ERRED IN LAW AND ON THE FAC TS IN DELETING THE ADDITION ON ACCOUNT OF HAWALA LOANS TAKEN BY THE AS SESSEE FROM THE FIRMS BELONGING TO JASHWANT M.SHAH 2. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE T HE LD.CIT(A) OUGHT TO HAVE UPHELD THE ORDER OF THE ASSESSING OFF ICER. ITA NO .918/AHD/2002 SH.NALINBHAI MANUBHAI [L/H. OF (LATE) SMT.KANCHANBEN C.SHAH] ASST.YEAR - 1994-95 - 2 - 3. IT IS THEREFORE, PRAYED THAT THE ORDER OF THE LD.CI T(A) MAY BE SET- ASIDE AND THAT OF THE ORDER OF THE ASSESSING OFFICE R BE RESTORED TO THE ABOVE EXTENT. 2. FROM THE SIDE OF THE RESPONDENT-ASSESSEE, NO ONE HAS APPEARED. FROM THE SIDE OF THE REVENUE, LD.SR.DR MR.SAMIR TEK RIWAL APPEARED. AT THE OUTSET, WE HAVE NOTICED THAT THE ONLY ADDITION IN DISPUTE AMOUNTED TO RS.3,70,000/- ONLY. NATURALLY, THE TAX EFFECT THER EON IS LESS THAN THE PRESCRIBED LIMIT OF TAX FOR THE PURPOSE OF FILING O F APPEAL BY THE REVENUE DEPARTMENT. 4. AFTER HAVING HEARD THE LD.DR, CONSIDERING THE M ATERIAL AVAILABLE ON RECORD AND THE CBDT CIRCULARS ON THIS ISSUE, WE FIND THAT THE TAX EFFECT IN THIS CASE IS LESS THAN RS.3 LACS. SO, AFT ER CONSIDERING THE SUBMISSIONS OF LD.DR AND GOING THROUGH THE MATERIAL ON RECORD, WE ARE OF THE VIEW THAT THE DEPARTMENT OUGHT NOT HAVE FILED T HE APPEAL. OUR VIEW IS SUPPORTED BY THE DECISION OF HONBLE DELHI HIGH COURT IN THE CASE OF CIT VS. MANGLAM RICINUS LTD. (2008) 174 TAXMAN 186 (DEL) AND INSTRUCTION NO.3/2011 [F.NO.279/MISC.142/2007-ITJ] DATED 9-2-2011 . AS THE APPEAL SO FILED IS AGAINST THE EXECUTIVE INS TRUCTIONS WHICH ARE BINDING ON THE DEPARTMENT, WE DISMISS THE APPEAL IN LIMINE. 5. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED. SD/- SD/- ( .. ) ( ) '# ( T.R. MEENA ) ( MUKUL KR. SHRAWAT ) ACCOUNTANT MEMBER JUDICIAL ME MBER AHMEDABAD; DATED 22 / 6 /2012 ..&, .&../ T.C. NAIR, SR. PS ITA NO .918/AHD/2002 SH.NALINBHAI MANUBHAI [L/H. OF (LATE) SMT.KANCHANBEN C.SHAH] ASST.YEAR - 1994-95 - 3 - '3 / ,4 5'4' '3 / ,4 5'4' '3 / ,4 5'4' '3 / ,4 5'4'/ COPY OF THE ORDER FORWARDED TO : 1. (+ / THE APPELLANT 2. ,-(+ / THE RESPONDENT. 3. 6 / CONCERNED CIT 4. 6() / THE CIT(A)-XVI, AHMEDABAD 5. 49: ,& , , / DR, ITAT, AHMEDABAD 6. :; <0 / GUARD FILE. '3& '3& '3& '3& / BY ORDER, -4 , //TRUE COPY// = == =/ // / ) ) ) ) ( DY./ASSTT.REGISTRAR) , , , , / ITAT, AHMEDABAD 1. DATE OF DICTATION 14.6.12(DICTATION-PAD 1 PAGE ATTACHED +COPIED MATT ER) 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 15.6.12 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 5. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P .S./P.S22.6.12 6. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 22.6.12 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