The ACIT, Circle-5, Surat V. M/s. Parth Industries, Surat

ITA 918/AHD/2013

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 1818 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-04-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 13-04-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 03-04-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NARENDRA SINGH
• Assessee Lawyers: M K PATEL
• Keywords: Income from undisclosed sources; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD B BENCH (BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER & SHRI KUL BHARAT, JUDICIAL MEMBER) ITA. NO: 918/AHD/2013 (ASSESSMENT YEAR: 2009-10) THE A.C.I.T., CIRCLE-5, SURAT V/S M/S. PARTH INDUSTRIES, ROAD NO. 87, PLOT NO. 996, GIDC, SACHIN SURAT. (APPELLANT) (RESPONDENT) PAN: AAJFP0392D APPELLANT BY : SHRI NARENDRA SINGH, SR. D .R. RESPONDENT BY : SHRI M.K. PATEL, A.R. ( )/ ORDER DATE OF HEARING : 13-04-2016 DATE OF PRONOUNCEMENT : 13-04-2016 PER N.K. BILLAIYA, ACCOUNTANT MEMBER: 1. WITH THIS APPEAL, THE REVENUE HAS CHALLENGED THE CO RRECTNESS OF THE ORDER OF THE LD. CIT(A)-I, SURAT DATED 31.01.2013 P ERTAINING TO A.Y. 2009-10. ITA NO. 918/ AHD/2013 . A.Y. 2009-10 2 2. THE SOLE GRIEVANCE OF THE REVENUE RELATES TO THE DE LETION OF RS. 25,31,000/- MADE ON ACCOUNT OF ADMITTED UNACCOUNTED INCOME. 3. A PERUSAL OF THE QUANTUM INVOLVED IN THE REVENUES APPEAL SHOWS THAT THE TAX EFFECT ON THE AMOUNT DELETED BY THE LD. CIT (A) IS LESS THAN RS. 10 LACS. 4. THIS APPEAL OF THE REVENUE IS DISMISSED IN THE LIGH T OF THE CIRCULAR NO. 21/2015 DATED 10.12.2015 BY WHICH THE CBDT HAS DIRE CTED THE REVENUE NOT TO FILE APPEAL IN CASES WHERE THE TAX E FFECT DOES NOT EXCEED RS. 10 LACS. 5. IN THE LIGHT OF THE AFOREMENTIONED CIRCULAR, THIS A PPEAL OF THE REVENUE IS DISMISSED. 6. HOWEVER, THE REVENUE IS FREE TO APPROACH THE TRIBUN AL IN CASE; IT FINDS THAT THE APPEAL IS NOT COVERED BY THE CIRCULAR OF T HE CBDT AS PER THE PROVISIONS OF THE LAW. 7. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS D ISMISSED ORDER PRONOUNCED IN OPEN COURT ON 13 - 04 - 2016 . SD/- SD/- (KUL BHARAT) (N. K. BILLAIYA) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD: TRUE COPY RAJESH COPY OF THE ORDER FORWARDED TO: - 1. THE APPELLANT. 2. THE RESPONDENT.