The Assistant Commr. of Income Tax, Circle-2, JAMNAGAR V. Late Shri Naran Mepa Lodhari L/R Smt.Pramilaben Naran Lodhari, PORBANDAR

ITSSA 22/RJT/2013

• Counselvise Citation: [2016] 122 COUNSELVISE.COM (IT) 2080 (ITAT-RAJKOT)
• Duration Of Justice: 2 year(s) 7 month(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 04-05-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: misc
• Appeal Filed On: 04-10-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: YOGESH PANDEY
• Assessee Lawyers: M J RANPURA C A
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH, RAJKOT [CONDUCTED THROUGH E-COURT AT AH MEDABAD] (BEFORE SHRI RAJPAL YADAV, JUDICIAL MEMBER & SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER) IT(SS)A. NO: 22/RJT/2013 (ASSESSMENT YEAR: 2009-10) ASSTT. COMMISSIONER OF INCOME TAX, CIRCLE-1, JAMNAGAR V/S LATE SHRI NARAN MEPA LODHARI, L/R SMT. PRAMILABENNARANLODHARI, BABAL NIVAS SHITLA CHOWK, PORBANDAR (APPELLANT) (RESPONDENT) PAN: AAOPL 2463L APPELLANT BY : SHRI YOGESH PANDEY, CIT/DR RESPONDENT BY : SHRI M.J. RANPURA,CA ( )/ ORDER DATE OF HEARING : 04 -05-201 6 DATE OF PRONOUNCEMENT : 04 -05-2016 PER N.K. BILLAIYA, ACCOUNTANT MEMBER: 1. THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF LD. CIT(A), JAMNAGAR DATED 24.07.2013 PERTAINING TO THE BLOCK P ERIOD 1995-96 TO 17/01/2002. IT(SS)A NO. 22/RJT/2013 . B.P. 1995-96 TO 17/01/2002 2 2. THE SOLE GRIEVANCE OF THE REVENUE RELATES TO THE DE LETION OF THE PENALTY OF RS. 4,09,750/- LEVIED BY THE A.O U/S. 158BFA(2) OF THE ACT. 3. THIS APPEAL OF THE REVENUE IS NOT MAINTAINABLE IN T HE LIGHT OF THE CBDT CIRCULAR NO. 21/2015 DATED 10.12.2015 BY WHICH THE BOARD HAS DIRECTED THE REVENUE NOT TO FILE APPEAL IN CASES WH ERE THE TAX EFFECT DOES NOT EXCEED RS. 10 LACS. 4. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS A CCORDINGLY DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON 04 - 05 - 2016. SD/- SD/- (RAJPAL YADAV) (N. K. BILLAIYA) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD: TRUE COPY 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, RAJKO T