The ITO, Ward-3, Himatnagar V. Shri Prafulchandra Jayntilal Shah, Himatnagar

MA 283/AHD/2008

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 6279 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 5 month(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 21-04-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2004-2005
• Appeal Filed On: 21-11-2008
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJIB JAIN
• Assessee Lawyers: K C THAKER
• Keywords: Income from undisclosed sources; Tax effect

Judgement Text

IN THE INCOME TAX APPELLLATE TRIBUNAL AHMEDABAD BENCHES B, A HMEDABAD BEFORE SHRI MUKUL KR.SHRAWAT, JM & SHRI N.S. SAINI, AM M.A.NO.283/AHD/2008 (ARISING OUT OF ITA NO.2415/AHD/2007) ASST.YEAR. 2004-05 THE ITO, WARD-3 HIMATNAGAR VS. PRAFULCHANDRA JAYANTILAL SHAH OPP.COLLECTOR OFFICE, HIGH WAY HIMATNAGAR (APPLICANT) (RESPONDENT) (ORIGINAL APPELLANT) (ORIGINAL RESPONDENT) APPELLANT BY : SHRI RAJIB JAIN, SR. D.R. RESPONDENT BY: SHR I K.C. THAKER ORDER PER MUKUL KUMAR SHRAWAT, JUDICIAL MEMBER: THROUGH THIS MISCELLANEOUS APPLICATION, THE REVE NUE HAS CHALLENGED THE ORDER OF THE TRIBUNAL DATED 23/11/2007 WHICH WAS DI SMISSED IN LIMINE BECAUSE OF THE CIRCULAR ISSUED BY THE CBDT IN RESPECT OF TA X EFFECT INVOLVED IN THE SAID APPEAL. THROUGH THE MISCELLANEOUS APPLICATION NOW BEFORE US FILED ON 21/11/2008, THE REVENUE HAS RAISED THE FOLLOWING R EASON FOR RECTIFICATION: 2. THE REVENUE HAD FIELD APPEAL BEFORE THE HON'BLE ITAT AGAINST THE ORDER OF THE CIT(A) IN DELETING THE ADDITION ON ACC OUNT OF UNACCOUNTED PURCHASE OF RS.4,23,681/- AND UNACCOUNTED INCOME OF RS.88,973/-. THE HON'BLE ITAT HAS DISMISSED THE APPEAL OF THE REVENU E ON THE GROUND THAT THE TAX EFFECT WAS BELOW THE PRESCRIBED LIMIT FOR F ILING APPEAL BEFORE THE HON'BLE ITAT. HOWEVER, ON VERIFICATION OF THE RECO RDS, IT IS FOUND THAT THE TAX EFFECT ON THE TOTAL AMOUNT PF DELETIONS AMOUNTI NG TO RS.8,87,464/- COMES TO RS.2,66,239/-, WHICH IS ABOVE THE PRESCRIB ED LIMIT FOR FILING APPEAL BEFORE THE HON'BLE ITAT. 2. AFTER HEARING THE SUBMISSIONS OF BOTH THE SIDES AND IN VIEW OF THE TAX CALCULATION-SHEETS SUBMITTED FROM THE SIDE OF THE R EVENUE AS PER ITNS-I DATED 27-03-2008, IT IS EVIDENT THAT FOR ASSESSMENT YEAR 2004-05, AFTER GIVING THE EFFECT OF THE ORDER OF THE FIRST APPELLATE AUTHORITY, THE TOTAL INCOME WAS STATED TO BE MA NO.283/AHD/2008 (OUT OF ITA NO.2415/AHD/2007) ITO VS. PRAFULCHANDRA JAYANTILAL SHAH ASSESSMENT YEAR 2004-05 2 2 RECOMPUTED AT RS.5,88,668/- ON WHICH THE REVENUE DE PARTMENT HAS CALCULATED THE TAX AT RS.1,50,600/-. IN THE LIGHT OF THE S AID CALCULATION, LD. LEARNED AUTHORISED REPRESENTATIVE MR.K.C.THAKER APPEARING O N BEHALF OF THE RESPONDENT-ASSESSEE HAS DRAWN OUR ATTENTION THAT SI NCE THE AMOUNTS INVOLVED IN THE GROUNDS OF APPEAL RAISED BY THE REVENUE IS ALSO ABOUT RS.5,12,000/-, I.E. RS.4,23,681/- IN RESPECT OF UNACCOUNTED PURCHASES + RS.88,973/- ON ACCOUNT OF UNACCOUNTED INCOME WERE THE SUBJECT MATTER OF APPEA L, HENCE, THE TOTAL TAX EFFECT WAS APPARENTLY LESS THAN THE PRESCRIBED LIMI T OF RS.2 LACS. IN VIEW OF THIS, WE FIND NO FORCE IN THE MISCELLANEOUS APPLICATION O F THE REVENUE, HENCE DISMISSED. 3.. IN THE RESULT, REVENUES MISCELLANEOUS APPLICATION IS DISMISSED. ORDER SIGNED, DATED AND PRONOUNCED IN THE COURT ON 21 ST APRIL, 2011. SD/- SD/- ( N.S.SAINI ) ( MU KUL KR. SHRAWAT ) ACCOUNTANT MEMBER JUDICIAL MEMB ER AHMEDABAD; DATED 21 / 04 /2011 T.C. NAIR, SR. PS COPY OF THE ORDER FORWARDED TO : 1. THE ASSESSEE. 2. THE DEPARTMENT. 3. THE CIT CONCERNED 4. THE LD. CIT(APPEALS)-IX, AHMEDABAD 5. THE DR, AHMEDABAD BENCH 6. THE GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSTT.REGISTRAR), ITAT, AHMEDABAD MA NO.283/AHD/2008 (OUT OF ITA NO.2415/AHD/2007) ITO VS. PRAFULCHANDRA JAYANTILAL SHAH ASSESSMENT YEAR 2004-05 3 3 1. DATE OF DICTATION..08/04/2011 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE T HE DICTATING MEMBER 08/04/2011 OTHER MEMBER 3. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR .P.S./P.S.. 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE TH E DICTATING MEMBER FOR PRONOUNCEMENT 5. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE S R.P.S./P.S 21.4.2011 6. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 21.4.2011 7. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK . 8. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER.. 9. DATE OF DESPATCH OF THE ORDER