The DCIT, Central Circle-2(4), Ahmedabad V. M/s. Lily Enclave Pvt.Ltd., Ahmedabad

ITSSA 144/AHD/2013

• Counselvise Citation: [2017] 122 COUNSELVISE.COM (IT) 3184 (ITAT-AHMEDABAD)
• Duration Of Justice: 4 year(s) 7 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 10-04-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 05-04-2017
• Assessment Year: 2006-2007
• Appeal Filed On: 03-04-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SU RENDRA KUMAR
• Assessee Lawyers: S N SOPARKAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD D BENCH (BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER & SHRI MAHAVIR PRASAD, JUDICIAL MEMBER) IT(SS)A. NO: 144/AHD/2013 (ASSESSMENT YEAR: 2006-07) DY. COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-2(4), AHMEDABAD V/S M/S. LILY ENCLAVE PVT. LTD. 63, NEW CLOTH MARKET, O/S. RAIPUR GATE, SARANGPUR, AHMEDABAD-380002 (APPELLANT) (RESPONDENT) PAN: AAACL 9905C APPELLANT BY : SHRI SURENDRA KUMAR, CIT/DR RESPONDENT BY : SHRI S.N. SOPARKAR & PARIN SHAH, AR ( )/ ORDER DATE OF HEARING : 05 -04-201 7 DATE OF PRONOUNCEMENT : 10 -04-2017 PER N.K. BILLAIYA, ACCOUNTANT MEMBER: 1. THIS APPEAL BY THE REVENUE IS PREFERRED AGAINST THE ORDER OF THE LD. CIT(A)- III, AHMEDABAD DATED 24.01.2013 PERTAINING TO A.Y. 2006-07. IT(SS)A NO. 144/AHD/2013 . A.Y. 2006-0 7 2 2. THE GRIEVANCE OF THE REVENUE READS AS UNDER:- 1. THE LD. CIT(A) HAS ERRED IN LAW AND ON FACTS IN RES TRICTING THE ADDITION TO RS. 3,73,485/- OUT OF TOTAL ADDITION OF RS. 14,93,940/- MADE ON ACCOUNT OF ESTIMATED COMMISSION RECEIPTS AND THEREBY GRANTED R ELIEF OF RS. 11,20,455/-. 3. A PERUSAL OF THE AFORE-STATED GROUND TAKEN BY THE R EVENUE CLEARLY SHOWS THAT THIS APPEAL HAS TO BE DISMISSED IN THE LIGHT O F THE CBDT CIRCULAR NO. 21 OF 2015 DATED 10.12.2015 BY WHICH THE BOARD HAS DIR ECTED THE REVENUE NOT TO PREFER APPEAL BEFORE THE TRIBUNAL IF THE TAX EFF ECT IS LESS THAN RS. 10 LACS. THE APPEAL IS ACCORDINGLY DISMISSED ORDER PRONOUNCED IN OPEN COURT ON 10 - 04- 20 17 SD/- SD/- (MAHAVIR PRASAD) (N. K. BILLAIYA) JUDICIAL MEMBER TRUE COPY ACCOUNTANT MEMBER AHMEDABAD: DATED 10 /04/2017 RAJESH COPY OF THE ORDER FORWARDED TO: - 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT (APPEALS) 4. THE CIT CONCERNED. 5. THE DR., ITAT, AHMEDABAD. 6. GUARD FILE. BY ORDER DEPUTY/ASSTT.REGISTRAR ITAT,AHME DABAD