The ITO, Ward-6(5), Ahmedabad V. Smt. Jasumatiben D.Patel, Ahmedabad

ITSSA 363/AHD/2012

• Counselvise Citation: [2016] 122 COUNSELVISE.COM (IT) 1441 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 5 month(s) 21 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 22-01-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 19-01-2016
• Assessment Year: 2008-2009
• Appeal Filed On: 01-08-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: JAGDISH
• Keywords: Tax effect

Judgement Text

IT(SS)A NO. 363/ AHD/ 201 2 ASSESSMENT YEAR: 200 8 - 09 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL, AHMEDABAD B BENCH, AHMEDABAD [CORAM : PRAMOD KUMAR AM AND S S GODARA JM] I T(SS)A NO.363 /AHD/201 2 A SSESSMENT Y EAR : 20 0 8 - 09 INCOME TAX OFFICER .APPELLANT WARD 6 ( 5 ), AHMEDABAD . VS. JASUMAT IBEN D. PATEL, . RESPONDENT 15, SUNDER RESIDENCY, NR. SWAGAT GREEN VILLA, HEBATPUR ROAD, THALTEJ, AHMEDBAD. [ P AN: A FVPP 4678 K ] APPEARANCES BY: JAGDISH , FOR THE A PPELLANT NONE , FOR THE RESPONDENT D ATE OF CONCLUDING THE HEARING: JANUARY 19 TH , 201 6 DATE OF PRONOUNCING THE ORDER : JANUARY 22 ND , 201 6 O R D E R PER PRAMOD KUMAR , AM : 1. BY WAY OF THIS APPEAL, THE ASSESSING OFFICER HAS CHALLENGED CORRECTNESS OF THE ORDER DATED 2 4 TH MAY , 201 2 , PASSED BY THE LD. CIT(A), FOR THE ASSESSM ENT YEAR 200 8 - 09 , ON THE FOLLOWING GROUNDS : - I ) THE LD. C OMMISSIONER OF INCOME TAX ( A ) HAS ERRED IN LAW AND ON FACTS IN HOLDING THAT THE INCOME OF RS.20,11,000/ - BEING A MATTER OF REGULAR ASSE SS MENT, ADDITION IN RESPECT OF THIS TRANSACTION CANNOT BE MADE U/S. 153C OF THE I.T. ACT BY THE ASSESSING OFFICER. II ) THE LD. C OMMISSIONER OF INCOME TAX (A ) HAS ERRED IN LAW AND ON FACTS IN DELETING THE ADDITION OF RS.20,11,000/ - MADE BY THE ASSESSEE ON ACCOUNT OF UNRECORDED CASH TRANSACTION. IT(SS)A NO. 363/ AHD/ 201 2 ASSESSMENT YEAR: 200 8 - 09 PAGE 2 OF 2 III) ON THE FACTS A ND CIRCUMSTANCES OF THE CASE , T HE LD. C OMMISSIONER OF INCOME TAX (A ) OUGHT TO HAVE UPHELD THE ORDER OF THE ASSESSING OFFICER. IV) IT IS THEREFORE, PRAYED THAT THE ORDER OF THE LD. COMMISSIONER OF INCOME - TAX (A ) M A Y BE SET - ASIDE AND THAT OF THE ASSESSING O FFICER BE RESTORED . 2. WE HAVE NOTICED THAT THE TAX EFFECT INVOLVED IN THIS APPEAL 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, WE ARE OF THE CONSIDERED VIEW THAT T HIS APPEAL IS LIABLE TO BE DISMISSED AS WITHDRAWN FOR THE SIMPLE REASON THAT TAX EFFECT INVOLVED IN THE APPEAL IS LESS THAN RS.10,00,000/ - . 3. IN THE RESULT, APPEAL IS DISMISSED. P RONOUNCED IN THE OPEN COURT ON THIS 22 ND DAY OF JANUARY, 2016. SD/ - SD/ - S S GODARA PRAMOD KUMAR (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) DATED: THE 22 ND D AY OF JANUARY , 201 6 . PBN/ * COPIES TO : (1) THE APPE LLANT ( 2) THE RESPONDENT (3) CIT (4) CIT(A) (5) DR (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD