THE ITO, WARD-2(1), AHMEDABAD vs. SHRI ANIL KANAYALAL TEKANI, AHMEDABAD

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ITA 35/AHD/2014Status: DisposedITAT Ahmedabad18 December 2017AY 2010-112 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal considered the CBDT circular No. 21/2015 which mandates withdrawal or non-pressing of appeals with a low tax effect. Accordingly, the appeal was dismissed.

What were the facts?

The Revenue appealed against the CIT(A)'s order which deleted an addition of Rs. 11.55 lacs made under Section 68. The net tax effect of the appeal was less than Rs. 10 lacs.

What were the issues?

Whether the Revenue's appeal should be pressed when the tax effect is below the threshold stipulated by CBDT circulars.

Which sections of the Income-tax Act were involved?

Section 68

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, AHMEDABAD “D” BENCH AHMEDABAD

Hearing: 11.12.2017Pronounced: 18.12.2017

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD “D” BENCH AHMEDABAD

BEFORE, SHRI S. S. GODARA, JUDICIAL MEMBER AND SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER

ITA No. 35/Ahd/2014 (Assessment Year: 2010-11) Income Tax Officer, Ward-2(1), Ahmedabad, A-Wing, Room No. 108, 1st Floor, Pratyaksh Kar Bhavan, Ambawadi, Ahmedabad-15 Appellant Vs. Anil Kanayalal Tekani (Prop. of M/s. Anmol Traders) Shop No. 106, Ambica Cloth Market-2, Sindhi Market, Kalupur Kot Ni Rang, Ahmedabad - 380001 Respondent

PAN: ABJPT9406F

राज�व क� ओर से/By Revenue : Shri V. K. Singh, Sr. D.R. आवेदक क� ओर से/By Assessee : None सुनवाई क� तार�ख/Date of Hearing : 11.12.2017 घोषणा क� तार�ख/Date of Pronouncement : 18.12.2017

ORDER PER S. S. GODARA, JUDICIAL MEMBER

This Revenue’s appeal for assessment year 2010-11 arises against the CIT(A)-6, Ahmedabad’s order dated 25.11.2013 in case no. CIT(A)-VI/wd.2(1)/R- 2/169/12-13, in proceedings u/s. 144 r.w.s. 143(3) of the Income Tax Act, 1961; in short “the Act”.

ITA No. 35/Ahd/14 [ITO vs. Anil K. Tekani] - 2 - A.Y. 2010-11

2.

The Revenue’s only substantive ground pleaded in the instant appeal challenges the CIT(A)’s order deleting the addition u/s.68 to the extent of Rs.11.55 lacs. 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 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.

[Pronounced in the open Court on this the 18th day of December, 2017.]

Sd/- Sd/- (PRADIP KUMAR KEDIA) (S. S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER Ahmedabad: Dated 18/12/2017 True Copy S.K.SINHA आदेश क� ��त�ल�प अ�े�षत / Copy of Order Forwarded to:- 1. राज�व / Revenue 2. आवेदक / Assessee 3. संबं�धत आयकर आयु�त / Concerned CIT 4. आयकर आयु�त- अपील / CIT (A) 5. �वभागीय ��त�न�ध, आयकर अपील�य अ�धकरण, अहमदाबाद / DR, ITAT, Ahmedabad 6. गाड� फाइल / Guard file. By order/आदेश से,

उप/सहायक पंजीकार आयकर अपील�य अ�धकरण, अहमदाबाद ।

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