The DCIT, Central Circle-1(2), Ahmedabad V. Harsiddhi Land Agency, Anand

ITSSA 530/AHD/2010

• Counselvise Citation: [2016] 122 COUNSELVISE.COM (IT) 2198 (ITAT-AHMEDABAD)
• Duration Of Justice: 5 year(s) 11 month(s) 29 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 01-06-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 01-06-2016
• Assessment Year: 2006-2007
• Appeal Filed On: 02-06-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 6

Judgement Text

I.T.A. NO . 530 /AHD/201 0 A SSESSMENT Y EAR S : 20 0 6 - 07 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH, SMC , AHMEDABAD [CORAM: PRAMOD KUMAR AM] I.T.A. NO. 530 /AHD/ 20 1 0 ASSESSMENT Y EAR : 20 0 6 - 07 DY. COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 1(2), AHMEDABAD. .......... .APPELLANT VS. HARSIDDH I LAND AGENCY ............ . RESPONDENT SARPANCH FALIYA, TAL. & DIST. ANAND. [PAN: A A DFH 9980 P ] APPEARANCES BY: SANJAY AGARWAL , FOR THE APPELLANT ASEEM L. THAKKAR , FOR THE RESPONDENT D ATE OF CONCLUDING THE HEARING : JUNE 1 ST , 201 6 DATE OF PRONOUNCING THE ORDER : JUNE 1 ST , 201 6 O R D E R 1. BY WAY OF THIS APPEAL, THE ASSESSING OFFICER HAS CHALLENGED CORRECTNESS OF THE ORDER DATED 30 TH MARCH, 2010, PASSED BY THE L EARNED CIT(A), FOR THE ASSESSMENT YEAR 20 06 - 07 , ON THE FOLLOWING GROUNDS : - 1. T HE LD. CIT(A) HAS ERRED IN LAW AND ON FACTS IN DELETING THE ADDITION OF RS.21,00,000/ - MADE ON ACCOUNT OF AMOUNT CLAIMED TO HAVE BEEN PAID BACK TO M/S SAHARA INDIA COMMERCIAL CORPORATION LIMITED. 2. T HE LD. CIT(A) H AS ERRED IN LAW AND ON FACTS IN DELETING THE DISALLOWANCE M ADE O N ACCOUNT OF EXPENSE S OF RS.3,77,802/ - . 3. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW, THE CIT ( A ) OUGHT TO HAVE UPHELD THE ORDER OF THE A.O. 4. IT IS THEREFORE , PRAYED THA T THE ORDER OF THE CIT(A) BE SET ASIDE AND THAT OF THE A.O. BE RESTORED TO THE ABOVE EXTENT. I.T.A. NO . 530 /AHD/201 0 A SSESSMENT Y EAR S : 20 0 6 - 07 PAGE 2 OF 2 2. I 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 N O.21/2015 DATED 10 TH DECEMBER, 2015, I AM OF THE CONSIDERED VIEW THAT THIS APPEAL IS LIABLE TO BE DISMISSED AS WITHDRAWN FOR THE SIMPLE REASON THAT TAX EFFECT INVOLVED IN THE APPEAL IS LESS THAN RS.10,00,000/ - . 3. IN THE RESULT, THE APPEAL IS DISMISSED. PRONOUNCED IN THE OPEN COURT ON THIS 1 ST DAY OF JUNE , 2016. SD/ - PRAMOD KUMAR (ACCOUNTANT MEMBER) DATED: THE 1 ST DAY OF JUNE , 2016. PBN/* COPIES TO: (1) THE APPELLANT (2) THE RESPONDENT (3) CIT (4) CIT(A) (5) DR (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD