The ACIT,B.K.Circle, Palanpur V. The Namaskar Nagrik Sarafi Sahkari Mandli Ltd., Banaskantha

ITA 980/AHD/2013

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 0880 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 3 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-07-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2008-2009
• Appeal Filed On: 10-04-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: O P MEENA
• Keywords: Bad and doubtful debts; Tax effect

Judgement Text

I.T.A. NO . 980 /AH D/201 3 A SSESSMENT Y EAR S : 20 0 8 - 09 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH, SMC , AHMEDABAD [CORAM: PRAMOD KUMAR AM] I.T.A. NO. 980 /AHD/ 20 1 3 ASSESSMENT Y EAR : 20 0 8 - 09 ASSTT. COMMISSIONER OF INCOME TAX, B.K. CIRCLE , PALANPUR. ....... ............ . APPELLANT VS. THE NAMASKAR NAGRIK SARAFI SAHKARI MANDALI LTD. . ...... . ... . RESPONDENT MARKET YARD, AT & P.O. PANTHAWADA, DIST. BANASKANTHA. [ PAN: A AAAT 5241 P ] APPEARANCES BY: O.P. MEENA , FOR THE APPELLANT NONE , FOR THE RESPONDENT D ATE OF CONCLU DING THE HEARING : JU LY 1 8 TH , 201 6 DATE OF PRONOUNCING THE ORDER : JU LY 19 TH , 201 6 O R D E R 1. BY WAY OF THIS APPEAL, THE ASSESSING OFFICER HAS CHALLENGED CORRECTNESS OF THE ORDER DATED 05.02.2013, PASSED BY THE L EARNED CIT(A), FOR THE ASSESSMENT YEAR 20 0 8 - 09 , ON THE FOLLOWING GROUNDS : - 1. THE LD . COMMISSIONER OF INCOME TAX (APPEALS) - XX, AHMEDABAD HAS ERRED IN LAW AND ON FACTS IN DELETING THE DISALLOWANCE OF RS.17,61,554/ - MADE U/S.80P(2)(A)(I) OF THE ACT. 2. THE LD. COMMISSIONER OF INCOME TAX (APPALS) - XX, AHM EDABAD HAS ERRED IN LAW AND ON FACTS IN DELETING THE ADDITIONS OF RS.9,00,000/ - & OF RS.1,00,000/ - MADE ON ACCOUNT OF BAD DEBTS & VEHICLE PROVISION, RESPECTIVELY. 3. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - XX , AHMEDABAD OUGHT TO HAVE UPHELD THE ORDER OF THE ASSESSING OFFICER. 4 . IT IS, THEREFORE, PRAYED THAT THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - XX, AHMEDABAD MAY BE SET - ASIDE AND THAT OF THE ASSESSIN G OFFICER BE RESTORED. I.T.A. NO . 980 /AH D/201 3 A SSESSMENT Y EAR S : 20 0 8 - 09 PAGE 2 OF 2 2. I HAVE NOTICED THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.10,00,000/ - . IN VIEW OF THIS UNDISPUTED FACT AND IN THE LIGHT OF CBDT CIRCULAR NO.21/2015 DATED 10 TH DECEMBER, 2015, I AM OF THE CONSIDERED VIEW THAT T HIS APPEAL IS LIABLE TO BE DISMISSED AS WITHDRAWN FOR THE SIMPLE REASON THAT TAX EFFECT INVOLVED IN THE APPEAL IS LESS THAN RS.10,00,000/ - . 3. IN THE RESULT, THE APPEAL IS DISMISSED. PRONOUNCED IN THE OPEN COURT ON THIS 19 TH DAY OF JULY , 2016. SD/ - PRAMOD KUMAR (ACCOUNTANT MEMBER) DATED: THE 19 TH DAY OF JU LY , 2016. PBN/* COPIES TO: (1) THE APPELLANT (2) THE RESPONDENT (3) CIT (4) CIT(A) (5) DR (6 ) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD