Income Tax Appellate Tribunal - Ahmedabad
Income Tax Officer, Ward, 3(3), Surat vs Giriraj Hukamchand Godiani (Huf), ... on 28 February, 2017
ITA No.1695 Ahd 2013 & CO No.132 Ahd 2016 Assessment Year: 2009-10 Page 1 of 3 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH, "SMC", AHMEDABAD [Coram: Pramod Kumar AM] ITA No.1695/Ahd/2013 Assessment Year: 2009-10 Income Tax Officer, Ward - 3(3), Surat. .................................Appellant Vs. Giriraj Hukmichand Godiani (HUF) .............................Respondent 603, Krishna Complex, Bhattar Road, Surat - 395 007.
[PAN: AACHG 5082 N] C.O. No.132/Ahd/2016 (In ITA No.1695/Ahd/2013) Assessment year: 2009-10 Giriraj Hukmichand Godiani (HUF) .............................Appellant 603, Krishna Complex, Bhattar Road, Surat - 395 007.
[PAN: AACHG 5082 N] Vs. Income Tax Officer, Ward - 3(3), Surat. ..........................Respondent Appearances by:
Kailash Dan Ratnoo, for the Revenue None, for the assessee Date of concluding the hearing: 28.02.2017 Date of pronouncing the order: 28.02.2017 O R D E R
1. By way of this appeal, the assessee appellant has challenged correctness of learned CIT(A)'s order dated 18th March 2013, in the matter of assessment under section 143(3) of the Income Tax Act, 1961, for the assessment year 2009-10.
ITA No.1695 Ahd 2013 & CO No.132 Ahd 2016 Assessment Year: 2009-10 Page 2 of 3
2. Grievances of the appellant are as follows :-
"1. On the facts and circumstances of the case and in law, the Ld. CIT(A)-IV, Surat has erred in deleting the addition of Rs.10,50,108/- made on account of unexplained creditors u/s. 68 inspite of the fact that despite being given sufficient opportunities to establish the identity genuineness and creditworthiness of the creditors, the assessee failed to do so except in three cases only.
2. On the facts and circumstances of the case and in law, the Ld. CIT(A)-IV, Surat has erred in restricting the addition of Rs.25,64,034/- made on account of disallowance of trading expenses after rejecting books of accounts u/s 145(3) of the IT Act to Rs.5,12,807/- without appreciating the fact that the assessee failed to submit any fresh evidence to prove that the expenses claimed were genuine and was incurred for business purpose.
3. On the facts and in the circumstances of the case, the Ld. CIT(A) ought to have upheld the order of the Assessing Officer.
4. It is therefore, prayed that the order of the CIT(A) may be set-aside and that of Assessing Officer may be restored to the above extent."
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 10th December, 2015, we are 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.
4. In the Cross Objection, the assessee has raised the following grievances: -
"1. That on the facts and in the circumstances of the case as well as in law, the learned CIT(A) has erred in upholding the disallowance to the extent of Rs.5,12,807/- out of cutting Expenses; Dyeing Job Charges; Embroidery Expenses and packing Material, all being trading expenses and the G.P. Ratio of the appellant has been better than last year.
2. That on the facts and circumstances of the case, the Ld. CIT(A) has erred in sustaining the disallowance of Rs.21,786/-, being 20% of various administrative expenses debited to P&L account, on the ground that the assessee could not prove that all these expenses were wholly & exclusively incurred for the purpose of business."
ITA No.1695 Ahd 2013 & CO No.132 Ahd 2016 Assessment Year: 2009-10 Page 3 of 3
5. As the appeal itself is held to be non-maintainable, the very foundation of Cross Objection ceases to hold good in law. The Cross Objection is, therefore, also dismissed.
6. In the result, appeal filed by the Revenue and Cross Objection filed by the assessee, both are dismissed. Pronounced in the open Court on this 28th day of February, 2017.
Sd/-
Pramod Kumar (Accountant Member) Dated: the 28 t h day of February, 2017.
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