Income Tax Appellate Tribunal - Ahmedabad
Dwarkeshdas Punjabhai Patel, Baroda vs Department Of Income Tax on 29 April, 2016
IT(SS)A Nos.71, 72 & 326/Ahd/2013 &
C.O. No.67/Ahd/2013
A.Ys. 2008-09, 2009-10 & 2010-11
Page 1 of 4
IN THE INCOME TAX APPELLATE TRIBUNAL
AHMEDABAD "B" BENCH, AHMEDABAD
BEFORE SHRI ANIL CHATURVEDI, ACCOUNTANT MEMBER AND
SHRI S.S. GODARA, JUDICIAL MEMBER
IT(SS)A Nos.71, 72 & 326/Ahd/2013
Assessment Years: 2008-09, 2009-10 & 2010-11
Dy. Commissioner of Income Tax vs. Shri Dwarkadas Punjabhai Patel,
Central Circle-1, Baroda. 1, Dayalbaug Society,
Near Deep Chambers, Manjalpur,
Baroda - 390 011.
[PAN - ACQPP 7191 M]
C.O. No.67/Ahd/2013
(In IT(SS)A No.71/Ahd/2013)
Assessment Year: 2008-09
Shri Dwarkadas Punjabhai Patel, vs. Dy. Commissioner of Income Tax,
1, Dayalbaug Society, Central Circle-1, Baroda.
Near Deep Chambers, Manjalpur,
Baroda - 390 011.
[PAN - ACQPP 7191 M]
(Appellants) (Respondents)
Revenue by : Shri Jagdish, CIT (D.R.)
Assessee by : Shri P.M. Mehta & G.M. Thakor, A.R.
Date of hearing : 26.04.2016
Date of pronouncement : 29.04.2016
ORDER
PER S.S. GODARA, J.M.
These Revenue's appeals for assessment years 2008-09, 2009-10 & 2010-11 and assessee's cross objection for assessment year 2008-09, arise from a consolidated order of the CIT(A)-IV, Ahmedabad dated 19th November, 2012 passed in case Nos.CIT(A)-IV/265B/CC-1/11-12, CIT(A)-IV/266B/CC-1/11-12 & CIT(A)- IV/267B/CC-1/11-12 in proceedings under section 153A r.w.s. 143(3) of the Income Tax Act, 1961; in short 'the Act'.
IT(SS)A Nos.71, 72 & 326/Ahd/2013 & C.O. No.67/Ahd/2013 A.Ys. 2008-09, 2009-10 & 2010-11 Page 2 of 4
2. Learned authorised representative at the outset files a chart before us summarising the relevant issues as well as the tax effect involved therein in all of the three appeals. The Revenue is fair enough in not disputing correctness thereof. The above stated chart dated 27.01.2016 reads as under :-
TAX EFFECT Particular Rs.
Disallowance of surplus income generated from sale of 221844 agriculture land dealings offered as Capital Gain treated it as Business income STATEMENT OF TAX Tax as per return of income on Rs.2,11,020 (A) 16204 Tax after addition on Rs.4,32,864 (B) 78859 Tax effect on addition (B-A) 62655 A.Y. 2009-10 IT(SS)A 72/A/13 TAX EFFECT Particular Rs.
Disallowance of agriculture land dealings offered as 607702 Capital Gain treated it as Business income STATEMENT OF TAX Tax as per return of income on Rs.1,90,540 (A) 4,054 Tax after addition on Rs.7,98,242 (B) 144473 Tax effect on addition (B-A) 140419 A.Y. 2010-11 ITA326/A/13 TAX EFFECT Particular Rs.
Disallowance of agriculture land dealings offered as 330102 Capital Gain treated it as Business income STATEMENT OF TAX IT(SS)A Nos.71, 72 & 326/Ahd/2013 & C.O. No.67/Ahd/2013 A.Ys. 2008-09, 2009-10 & 2010-11 Page 3 of 4 Tax as per return of income on Rs.2,61,95,380 (A) 7,762,614 Tax after addition on Rs.2,65,25,482 (B) 7861645 Tax effect on addition (B-A) 99031
3. A perusal of the above stated chart makes it clear that the net tax effect involved in all these appeals is less than Rs.10 lacs. We find that the Central Board of Direct Taxes; hereafter the 'Board' has issued the circular no. 21/2015 dated 10.12.2015 clearly envisaging therein that department's pending appeals before the tribunal/high courts are to be withdrawn/not pressed as per the above stated circular. The same has been declared to be having retrospective effect in other words. We take into consideration the above stated Board's circular and dismiss the instant appeal accordingly.
4. The Revenue's three appeals IT(SS)A No.71/Ahd/2013, 72/Ahd/2013 & 326/Ahd/2013 are dismissed.
5. This leaves us with assessee's cross objection no.67/Ahd/2013. Learned authorised representative does not press for the same in the course of hearing. The same is therefore dismissed as not pressed.
IT(SS)A Nos.71, 72 & 326/Ahd/2013 & C.O. No.67/Ahd/2013 A.Ys. 2008-09, 2009-10 & 2010-11 Page 4 of 4
6. In the result, Revenue's appeals IT(SS)A No.71/Ahd/2013, 72/Ahd/2013 & 326/Ahd/2013 are dismissed and assessee's cross objection no.67/Ahd/2013 is dismissed as not pressed. Pronounced in the open Court today on the 29th day of April, 2016.
Sd/- Sd/- Anil Chaturvedi S.S. Godara (Accountant Member) (Judicial Member)
Ahmedabad, the 29 th day of April, 2016 PBN/* Copies to: (1) The appellant (2) The respondent (3) Commissioner (4) CIT(A) (5) Departmental Representative (6) Guard File By order Assistant Registrar Income Tax Appellate Tribunal Ahmedabad benches, Ahmedabad