The ITO, Ward-8(4), Surat V. Shri Yogeshbhai M.Moradiya, Surat

ITA 999/AHD/2012

• Counselvise Citation: [2013] 120 COUNSELVISE.COM (IT) 0333 (ITAT-AHMEDABAD)
• Duration Of Justice: 8 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-01-2013
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 22-01-2013
• Assessment Year: 2008-2009
• Appeal Filed On: 08-05-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAHUL KUMAR SRDR
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH A AHMEDABAD BEFORE SHRI, A.K.GARODIA, ACCOUNTANT MEMBER AND SHRI KUL BHARAT, JUDICIAL MEMBER ITA NO.999/AHD/2012 ASSESSMENT YEAR :2008-09 INCOME TAX OFFICER, WARD-8(4), ROOM NO. 418 AAYKAR BHAVAN, MAJURA GATE, SURAT V/S . SHRI YOGESHBHAI M MORADIYA 86, VIJAY NAGAR RAW HOUSE, CAUSE WAY ROAD, KATARGRAM, SURAT 395004, [ PAN NO.AHHPM 3387J ] / APPELLANT .. / RESPONDENT) /BY APPELLANT SHRI RAHUL KUMAR, SR-DR /BY RESPONDENT WRITTEN SUBMISSION /DATE OF HEARING 22-01-2013 /DATE OF PRONOUNCEMENT 22-01-2013 / // / O R D E R PER KUL BHARAT, JUDICIAL MEMBER:- THIS APPEAL OF REVENUE IS DIRECTED AGAINST THE O RDER OF COMMISSIONER OF INCOME-TAX (APPEALS)-V, SURAT (CIT(A) FOR SHOR T) DATED 28-02-2012 PERTAINING TO ASSESSMENT YEAR (AY) 2008-09. THE REV ENUE HAS RAISED FOLLOWING GROUNDS OF APPEAL:- 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CA SE AND IN LAW THE LD. CIT(A) HAS ERRED IN ALLOWING THE CLAIM OF SET OFF O F LOSS OF RS.7,42,442/- OF THE ASSESSEE. 2. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CAS E AND IN LAW, THE DECISION OF THE LD. CIT(A) IS IN-CONTRAVENTION TO THE JUDGME NT OF THE HBLE SUPREME COURT OF INDIA AS DELIVERED IN THE CASE OF I.E GOET ZE (INDIA) LTD., V/S COMMISSIONER OF INCOME TAX AS REPORTED VIDE 284 ITR 323. 3. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CAS E AND IN LAW, LD. CIT(A) OUGHT TO HAVE UPHELD THE ORDER OF THE ASSESSING OFF ICER REGARDING REJECTING THE CLAIM OF SET OFF OF LOSS. ITA NO.999/AHD/2012 A.Y. 2008-09 ITO WD-8(4) SRT V. SH YOGESHBHAI M MORADIYA PAGE 2 2. NONE APPEARED ON BEHALF OF THE ASSESSEE, HOWEVER , WRITTEN SUBMISSION IS ON RECORD AND AS PER THE WRITTEN SUBMISSION, THE CONTENTION OF THE ASSESSEE IS THAT PRESENT APPEAL IS NOT MAINTAINABLE AS THE T OTAL TAX EFFECT IS BELOW RS.3 LAKH. THE ASSESSEE HAS GIVEN WORK OF THE TOTAL TAX PAYABLE AT PAGE-2 OF ITS WRITTEN SUBMISSION. ON THE CONTRARY, LD. SR-DR FOR THE REVENUE COULD NOT POINT OUT THAT THE PRESENT APPEAL IS MAINTAINABLE U NDER THE EXCEPTION CLAUSE 8 OF CIRCULAR NO.3 OF 2011 DATED 09-02-2011. 3. WE HAVE HEARD THE LD. SR-DR AND PERUSED THE MATE RIALS AVAILABLE ON RECORD AND THE WRITTEN SUBMISSIONS FILED BY THE ASS ESSEE. WE FIND THAT AS PER CBDT CIRCULAR NO.3 OF 2001 DATED 09-02-2011 APPEAL BEFORE THE TRIBUNAL IS MAINTAINABLE IF TAX EFFECT IS MORE THAN RS. 3 LAKHS . THEREFORE, IN THIS VIEW OF THE MATER THE PRESENT APPEAL IS DISMISSED BEING NOT MAINTAINABLE. THE GROUND OF REVENUES APPEAL IS HEREBY DISMISSED AS NOT MAIN TAINABLE. 4. IN THE RESULT, REVENUES APPEAL IS DISMISSED AS NOT MAINTAINABLE. ORDER PRONOUNCED IN OPEN COURT ON THE DATE MENTIONE D HEREINABOVE AT CAPTION PAGE. SD/- SD/- (A.K.GARODIA) (KUL BHARAT) (ACCOUNTANT MEMBER) (JUDICIAL MEMBER) AHMEDABAD, *DKP !' #- 22/01/2013 )*+ , --. --. --. --. /. /. /. /. / COPY OF ORDER FORWARDED TO:- 1. / APPELLANT 2. / RESPONDENT 3. '+'-1 2 / CONCERNED CIT 4. 2- / CIT (A) 5. .56 ---1, -1 , )*+ / DR, ITAT, AHMEDABAD 6. 69: ;< / GUARD FILE. BY ORDER/ , /TRUE COPY/ =/) '> -1 , )*+ , ITA NO.999/AHD/2012 A.Y. 2008-09 ITO WD-8(4) SRT V. SH YOGESHBHAI M MORADIYA PAGE 3 STRENGTHEN PREPARATION & DELIVERY O F ORDERS IN THE ITAT 1) DATE OF TAKING DICTATION 22/01 2) DIRECT DICTATION BY MEMBER STRAIGHT ON COMPUTER/LAPTOP/DRAGON DICTATE NO 3) DATE OF TYPING & DRAFT ORDER PLACE BEFORE MEMBER 22/01 4) DATE OF CORRECTION 22/01 5) DATE OF FURTHER CORRECTION 22/01 6) DATE OF INITIAL SIGN BY MEMBERS 22/01 7) ORDER UPLOADED ON 22/01 8) ORIGINAL DICTATION PAD-PART HAS BEEN ENCLOSED IN THE FILE YES 9) FINAL ORDER AND 2 ND COPY SEND TO BENCH CLERK ON 22/01