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Income Tax Appellate Tribunal - Ahmedabad

The Ito, Ward-2, Palanpur vs Shri Mahendrakumar Jesinglal Doshi, ... on 18 April, 2018

                 IN THE INCOME TAX APPELLATE TRIBUNAL
                          AHMEDABAD "B" BENCH

                 Before: Shri S.S. Godara, Judicial Member
                and Shri Amarjit Singh, Accountant Member

                          ITA No. 704/Ahd/2016
                         Assessment Year 2009-10


      The ITO,                                     Shri Mahendarku mar
      W ard-2,                                     Jesinglal Doshi,
      Palanpur                                Vs   C/o Meghdoot Engineering
      (Appellant)                                  Co.
                                                   Near Fuvara, Deesa.
                                                   Dist: Banaskantha
                                                   PAN: ACKPD5745 P
                                                   (Respondent)


        Reve nue by:          Shri Mudit Nagpal, Sr. D.R.
        Assessee by:          Shri Me hul K. Patel

        Date of hearing                   :    16-04-2018
        Date of pronounce ment           :     18-04-2018


                                  आदेश /ORDER

PER : AMARJIT SINGH, ACCOUNTANT MEMBER:-

This Revenue's appeal for A.Y. 2009-10, arises from order of the CIT(A)- 4, Ahmedabad dated 10-02-2016, in proceedings under section 143(3) r.w.s. 263 of the Income Tax Act, 1961; in short "the Act".

2. The Revenue's sole substantive ground challenges the lower appellate order deleting the addition made on account of disallowance of Rs. 29,80,671/- made by the assessing officer u/s. 40(a)(ia) of the I.T. Act. There is no dispute that the net tax effect in the instant appeal is less than Rs. 10 lacs. We find that the Central Board of Direct Taxes; hereafter the 'Board' has issued the circular I.T.A No. 704/Ahd/2016 A.Y. 2009-10 Page No 2 ITO vs. Shri Mahendra Jesinglal Doshi 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dated 10-12-2015 clearly envisaging therein that department's pending appeals before the tribunal/high courts are to be withdrawn/not pressed as per the above stated circular.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.

3. This Revenue's appeal is dismissed as having low tax effect.

Order pronounced in the open court on 18-04-2018 Sd/- Sd/-

    (S.S. GODARA)                           (AMARJIT SINGH)
 JUDICIAL MEMBER                        ACCOUNTANT MEMBER
Ahmedabad : Dated 18/04/2018

आदेश क त ल प अ े षत / Copy of Order Forwarded to:-

1. Assessee
2. Revenue
3. Concerned CIT
4. CIT (A)
5. DR, ITAT, Ahmedabad
6. Guard file.

By order/आदेश से, उप/सहायक पंजीकार आयकर अपील य अ धकरण, अहमदाबाद