The ACIT, Central Circle-1(4), Ahmedabad V. Shri Jignesh N.Thakore, Ahmedabad

ITSSA 188/AHD/2013

• Counselvise Citation: [2016] 122 COUNSELVISE.COM (IT) 2190 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 1 month(s) 20 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 29-06-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2008-2009
• Appeal Filed On: 09-05-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P S CHOUDHARY
• Assessee Lawyers: SHAKAR SHARMA
• Keywords: Tax effect

Judgement Text

IT(SS)A NO . 188 /AHD/201 3 & C.O. NO. 43/AHD/2014 A SSESSMENT Y EAR: 20 0 8 - 09 PAGE 1 OF 3 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH, SMC , AHMEDABAD [CORAM: PRAMOD KUMAR AM] IT(SS) A NO. 188 /AHD/ 20 1 3 ASSESSMENT Y EAR : 20 0 8 - 09 ASSTT. COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 1( 4 ), AHMEDABAD. .......... .APPELLANT VS. JIG NESH N. THAKORE ............ . RESPONDENT RANGOLI FARM, SHILAJ, TALUKA: DASKROI, DIST. AHMEDABAD . [PAN: A A WPT 1866 F ] C.O. NO.43/AHD/2014 (IN IT(SS) A NO.188/AHD/2013) ASSESSMENT YEAR: 2008 - 09 JIGNESH N. THAKORE ............ . APPELLANT RANGOLI FARM, SHILAJ, TALUKA: DASKROI, DIST. AHMEDABAD. [PAN: A AWPT 1866 F ] VS. ASSTT. COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 1( 4 ), AHMEDABAD. .......... . RESPONDENT APPEARANCES BY: P.S. CHOUDHA RY , FOR THE REVENUE SHAKAR SHARMA , FOR THE ASSESSEE D ATE OF CONCLUDING THE HEARING : JUNE 29 TH , 201 6 DATE OF PRONOUNCING THE ORDER : JUNE 29 TH , 201 6 O R D E R 1. BY WAY OF THIS APPEAL, THE ASSESSING OFFICER HAS CHALLENGED CORRECTNESS OF TH E ORDER DATED 14.02.2013 , PASSED BY THE L EARNED CIT(A), FOR THE ASSESSMENT YEAR 20 0 8 - 09 , ON THE FOLLOWING GROUNDS : - 1. T HE LD. CIT(A) HAS ERRED IN LAW AND ON FACTS IN DELETING THE ADDITION OF RS. 19,60,000/ - OUT OF TOTAL ADDITION OF RS.20,00,000/ - BEING UNACCOUNTED IT(SS)A NO . 188 /AHD/201 3 & C.O. NO. 43/AHD/2014 A SSESSMENT Y EAR: 20 0 8 - 09 PAGE 2 OF 3 BROKERAGE/COMMISSION MA D E ON THE BASIS OF ENTRIES IN ANNEXURE BS - 2 SEIZED FROM SHRI SANDIP PADSALA AND ADMITTED BY THE ASSESSEE IN THE STATEMENT RECORDED U/S 132(4) OF THE ACT DATED 23.04.10 . 2 . ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CA SE AND IN LAW, THE CIT ( A ) OUGHT TO HAVE UPHELD THE ORDER OF THE A.O. 3 . IT IS THEREFORE , PRAYED THAT THE ORDER OF THE CIT(A) BE SET ASIDE AND THAT OF THE A.O. BE RESTORED TO THE ABOVE EXTENT. 2. I HAVE NOTICED THAT THE TAX EFFECT INVOLVED IN THIS APPE AL 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 THIS APPEAL IS LIABLE TO BE DISMISSED AS WITHDRAWN FOR THE SIMPLE REASON THAT TAX EFFE CT INVOLVED IN THE APPEAL IS LESS THAN RS.10,00,000/ - . 3. IN THE RESULT, THE APPEAL IS DISMISSED. 4. IN THE CROSS OBJECTION, THE ASSESSEE HAS RAISED THE FOLLOWING GRIEVANCE: - THE LD. CIT(A) ERRED ON FACTS AND IN LAW IN CONFIRMING BROKERAGE/COMMISSION AMOUNTING TO RS.40,000/ - INSPITE OF HAVING SATISFIED HIMSELF THAT NO BROKERAGE/COMMISSION WAS PAID TO RESPONDENT BY SHRI BHIKHUBHAI N PADLA. 5. AS THE APPEAL ITSELF IS HELD TO BE NON - MAINTAINABLE, THE VERY FOUNDATION OF CROSS OBJECTION CEASES TO HOLD GO OD IN LAW. THE CROSS OBJECTION IS, THEREFORE, ALSO DISMISSED. 6. IN THE RESULT, APPEAL FILED BY THE REVENUE AND CROSS OBJECTION FILED BY THE ASSESSEE, BOTH ARE DISMISSED. PRONOUNCED IN THE OPEN COURT ON THIS 29 TH DAY OF JUNE , 2016. SD/ - PRAMOD KUMAR (ACCOUNTANT MEMBER) DATED: THE 29 TH DAY OF JUNE , 2016. PBN/* IT(SS)A NO . 188 /AHD/201 3 & C.O. NO. 43/AHD/2014 A SSESSMENT Y EAR: 20 0 8 - 09 PAGE 3 OF 3 COPIES TO: (1) THE APPELLANT (2) THE RESPONDENT (3) CIT (4) CIT(A) (5) DR (6) GUARD FILE BY OR DER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD