Income Tax Appellate Tribunal - Ahmedabad
The Ito, Ward-5(4), ( Now ... vs Shri Ramesh D. Shah,, Surat on 22 September, 2017
IN THE INCOME TAX APPELLATE TRIBUNAL
AHMEDABAD "C" BENCH
Before: Shri S.S. Godara, Judicial Member
and Shri Amarjit Singh, Accountant Member
ITA No. 1682/Ahd/2015
Assessment Year 2011-12
The ITO, Shri Ramesh D. Shah,
W ard-2(2)(4), 16-B Siddhashila
Surat Vs Apartment, Nanpura,
(Appellant) Surat-395001
PAN: ACQPS9804A
(Respondent)
Revenue by: Shri Prajana Paramita, Sr. D.R.
Assessee by: None
Date of hearing : 10-08-2017
Date of pronouncement : 22-09-2017
आदेश /ORDER
PER : AMARJIT SINGH, ACCOUNTANT MEMBER:-
This Revenue's appeal for A.Y. 2011-12, arises from order of the CIT (A)-I, Surat dated 30-03-2015 in appeal no. CAS-I/351/2013-14, in proceedings under section 143(3) of the Income Tax Act, 1961; in short "the Act".
2. None appeared on behalf of the assessee at the time of hearing. Therefore, we proceed to decide the appeal ex-parte qua the assessee, after hearing the Ld. DR and considering the material available on record. I.T.A No. 1682/Ahd/2015 A.Y. 2011-12 Page No 2 ITO Vs. Shri Ramesh D. Shah The Revenue's sole substantive ground of appeal relates to the deleting of Rs.19 lac declared during survey as unaccounted income. The assessee has bifurcated the income in the different years on which taxes were also paid. The Ld. CIT (A) held that same cannot be taxed again once the department has brought to tax the same amount in different years.
3. We have heard the Ld. DR and gone through the record and the impugned order. There is no dispute that the net tax effect in the instant appeal is less than Rs. 10 lac. 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10- 12-2015 clearly envisaging therein that department's pending appeals before the tribunal/high courts are to be withdrawn/not pressed as per the above stated circular.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. It is further observed that in case on re-verification it comes to the notice that tax effect is more or fall within the ambit of exception provided in the instruction, then, the Department will be at liberty to approach the Tribunal for recall of order. Such application should be filed within limitation prescribed under the law.
4. In the result, the revenue's appeal is dismissed as having low tax effect.
Order pronounced in the open court on 22-09-2017 Sd/- Sd/-
(S.S. GODARA) (AMARJIT SINGH)
JUDICIAL MEMBER ACCOUNTANT MEMBER
Ahmedabad : Dated 22/09/2017
I.T.A No. 1682/Ahd/2015 A.Y. 2011-12 Page No 3
ITO Vs. Shri Ramesh D. Shah
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