The ACIT,(OSD) Range-4, Ahmedabad V. Labh Construction And Industries Ltd., Ahmedabad

ITA 930/AHD/2011

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 1702 (ITAT-AHMEDABAD)
• Duration Of Justice: 5 year(s) 1 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-05-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 05-05-2016
• Assessment Year: 2006-2007
• Appeal Filed On: 30-03-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SHAURYA SHUKLA
• Keywords: Tax effect
• Section: 14A

Judgement Text

ITA NO.930/AHD/2011 A.Y. 2006-07 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD C BENCH, AHMEDABAD BEFORE SHRI R.P. TOLANI, JUDICIAL MEMBER AND SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER ITA NO.930/AHD/2011 ASSESSMENT YEAR: 2006-07 A.C.I.T. (OSD)-I, VS. LABH CONSTRUCTION & INDS. LTD., RANGE-4, AHMEDABAD. 104, SHANTNU, S.P. NAGAR, ELLISBRIDGE, AHMEDABAD. [PAN AAACL 2648 G] (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI SHAURYA SHUKLA, SR. D.R. RESPONDENT BY : SHRI SAKAR SHARMA DATE OF HEARING : 05.05.2016 DATE OF PRONOUNCEMENT : 05.05.2016 O R D E R PER R.P. TOLANI, JUDICIAL MEMBER: THIS IS REVENUES APPEAL. FOLLOWING GROUNDS ARE RA ISED : 1. THE LD. CIT(A) XX, AHMEDABAD HAS ERRED IN LAW AND ON FACTS IN DELETING THE DISALLOWANCE OF ADMINISTRATIVE EXPENSE S OF RS.21,15,138/- MADE BY THE ASSESSING OFFICER, WITHOUT PROPERLY APP RECIATING THE FACTS OF THE CASE AND THE MATERIAL BROUGHT ON RECORD BY T HE ASSESSING OFFICER. 2. THE LD. CIT(A) XX AHMEDABAD HAS ERRED IN LAW AND ON FACTS IN RESTRICTING THE DISALLOWANCE OF RS.1,78,251/- MADE BY THE ASSESSING OFFICER U/S. 14A OF THE ACT, TO 5% OF DIVIDEND INCO ME I.E. RS.144/-, WITHOUT PROPERLY APPRECIATING THE FACTS OF THE CASE AND THE MATERIAL BROUGHT ON RECORD BY THE ASSESSING OFFICER. 3. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CAS E, THE LD. CIT(A) OUGHT TO HAVE UPHELD THE DECISION OF THE ASSESSING OFFICE R.. 4. IT IS, THEREFORE, PRAYED THAT THE ORDER OF THE L D. CIT(A) MAY BE SET ASIDE AND THAT OF THE A.O. BE RESTORED TO THE ABOVE EXTEN T. 2. WE HAVE NOTICED THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.10,00,000/-. IN VIEW OF THIS UNDISPUTED FACT AN D IN THE LIGHT OF CBDT CIRCULAR ITA NO.930/AHD/2011 A.Y. 2006-07 PAGE 2 OF 2 NO.21/2015 DATED 10 TH DECEMBER, 2015, WE ARE OF THE CONSIDERED VIEW THAT THIS APPEAL IS LIABLE TO BE DISMISSED AS WITHDRAWN FOR T HE SIMPLE REASON THAT TAX EFFECT INVOLVED IN THE APPEAL IS LESS THAN RS.10,00,000/-. 3. IN THE RESULT, THE APPEAL IS DISMISSED. (THIS ORDER PRONOUNCED IN THE OPEN COURT TODAY ON T HE 5 TH DAY OF MAY, 2016.) SD/- SD/- N.K. BILLAIYA R.P. TOLANI (ACCOUNTANT MEMBER) (JUDICIAL MEMBER) AHMEDABAD, THE 5 TH DAY OF MAY, 2016 PBN/* COPIES TO: (1) THE APPELLANT (2) THE RESPONDE NT (3) COMMISSIONER (4) CIT(A) (5) DEPARTMENTAL REPRESENTATIVE (6) GUARD FIL E BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD