The DCIT, Central Circle-1(3), Ahmedabad V. Shri Kapoorchand Kakaram Bansal, Bhavnagar

ITSSA 233/AHD/2016

• Counselvise Citation: [2018] 122 COUNSELVISE.COM (IT) 3743 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 9 month(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 11-05-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2012-2013
• Appeal Filed On: 10-08-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: V K SINGH
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, AHMEDABAD : , , BEFORE SHRI PRAMOD KUMAR ACCOUNTANT MEMBER & MS. MADHUMITA ROY, JUDICIAL MEMBER (SS) ./ I.T(SS).A. NO.233/AHD/2016 ( / ASSESSMENT YEAR : 2012-13) THE DCIT CENTRAL CIRCLE 1(3) AHMEDABAD / VS. SHRI KAPOORCHAND KAKARAM BANSAL D-9, OPP. ORIENTAL BANK OF COMMERCE B/H RAM MANTRA MANDIR BHAVNAGAR ' ./ ./ PAN/GIR NO. : AANPB 1617 K ( '% / APPELLANT ) .. ( &'% / RESPONDENT ) '% ' / APPELLANT BY : SHRI V.K. SINGH, SR.DR &'% ( ' / RESPONDENT BY : SHRI MEHUL K. PATEL, AR ) * ( + / DATE OF HEARING 09/05/2018 ,-. ( + / DATE OF PRONOUNCEMENT 11/ 05 /2018 / O R D E R PER MS. MADHUMITA ROY - JM: BY WAY OF THIS APPEAL, THE ASSESSING OFFICER HAS C HALLENGED CORRECTNESS OF THE ORDER DATED 06.05.2016, PASSED B Y THE LEARNED CIT(A)- 13, AHMEDABAD FOR THE ASSESSMENT YEAR 2012-13, ON T HE FOLLOWING GROUNDS :- IT(SS)A NO.233/ AHD/2016 DCIT VS. SHRI KAPOORCHAND KAKARAM BANSAL ASST.YEAR 2012-13 - 2 - 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE A ND IN LAW, THE LD.CIT(A) HAS ERRED IN LAW AND/OR ON FACTS IN D ELETING THE PENALTY U/S271AAA OF THE ACT OF RS.10,00,000/- MADE ON ACCOUNT OF UNDISCLOSED INCOME WITHOUT APPRECIATING THE FACTS OF THE CASE & RELEVANT PROVISIONS. 2. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW, THE LD.CIT(A) HAS ERRED IN LAW AND/OR ON FACTS IN D ELETING THE PENALTY U/S.271AAA OF THE ACT OF RS.10,00,000/- MAD E ON ACCOUNT OF UNDISCLOSED INCOME WITHOUT CONSIDERING T HE DECISION OF HONBLE ITAT, MUMBAI BENCH IN THE CASE OF PRAKASH STEELAGE LTD. (2015) 55 TAXMANN.COM 284 (MU MB- TRIB). 2. WE HAVE NOTICED THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.10,00,000/-. IN VIEW OF THIS UNDISPUTED FA CT AND IN THE LIGHT OF CBDT CIRCULAR NO.21/2015 DATED 10 TH DECEMBER, 2015, WE ARE OF THE CONSIDERED VIEW THAT THIS APPEAL IS LIABLE TO BE DI SMISSED AS WITHDRAWN FOR THE SIMPLE REASON THAT TAX EFFECT INVOLVED IN T HIS APPEAL IS LESS THAN RS.10,00,000/-. IT(SS)A NO.233/ AHD/2016 DCIT VS. SHRI KAPOORCHAND KAKARAM BANSAL ASST.YEAR 2012-13 - 3 - 3. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISS ED. THIS ORDER PRONOUNCED IN OPEN COURT ON 11 / 0 5 / 201 8 SD/- SD/- ( ) ( ) ( PRAMOD KUMAR ) ( MS. MADHUMITA ROY ) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD; DATED 11/ 05/2018 0+..) , .)../ T.C. NAIR, SR. PS !'#$%$' / COPY OF THE ORDER FORWARDED TO : 1. '% / THE APPELLANT 2. &'% / THE RESPONDENT. 3. 12 3 / CONCERNED CIT 4. 3 ( ) / THE CIT(A)-13, AHMEDABAD 5. 67 8 )2 , + 2 . , 1 / DR, ITAT, AHMEDABAD 6. 8 :; < * / GUARD FILE. / BY ORDER, & 6 //TRUE COPY// / ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD 1. DATE OF DICTATION .. 09.5.18 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 10.5.18 3. OTHER MEMBER 4. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P. S./P.S.. 5. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 6. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P .S./P.S.14.5.18 7. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 14.5.18 8. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK ... 9. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER.. 10. DATE OF DESPATCH OF THE ORDER