THE DCIT, CIRCLE-1(2), VADODARA vs. M/S. STYROLUTION ABS (I) LTD., (FORMERLY KNOWN AS INEOS ABS (I) LTD.,), VADODARA

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ITA 2737/AHD/2015Status: DisposedITAT Ahmedabad18 December 2017AY 2007-082 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 dismissed the Revenue's appeal. This decision was based on CBDT Circular No. 21 of 2015, which mandates dismissal of appeals with a tax effect below a certain threshold.

What were the facts?

The Revenue appealed against the CIT(A)'s order allowing a 20% relief on Staff Welfare Expenditures. The tax effect of this relief was less than Rs. 10 lacs.

What were the issues?

Whether the Revenue's appeal should be dismissed due to low tax effect as per CBDT circulars.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, AHMEDABAD “B” BENCH

Before: SHRI RAJPAL YADAV & SHRI N.K. BILLAIYA

For Appellant: Shri Mudit Nagpal, Sr. D.R

PER N.K. BILLAIYA, ACCOUNTANT MEMBER

1.

This appeal by the Revenue is preferred against the order of the Ld. CIT(A)-1, Vadodara dated 13.07.2015 pertaining to A.Y. 2007-08.

ITA No. 2737/Ahd/2015 2 . A.Y. 2007-08 2. The only grievance of the revenue is that the ld. CIT(A) erred in allowing relief of 20% value out of Staff Welfare Expenditures without appreciating the findings of A.O. and facts of the case.

3.

The grievance of the revenue suggest that the tax effect on the impugned relief would come to less than Rs. 10 lacs and therefore this appeal by the Revenue has to be dismissed in the light of the CBDT Circular No. 21 of 2015 dated 10.12.2015.

4.

However, if the revenue finds that the appeal is not hit by the aforementioned Circular, it may approach the Tribunal as per the provisions of the law.

5.

In the light of the aforesaid Circular, this appeal by the Revenue is dismissed.

Order pronounced in Open Court on 18 - 12- 2017

Sd/- Sd/- (RAJPAL YADAV) (N. K. BILLAIYA) JUDICIAL MEMBER True Copy ACCOUNTANT MEMBER Ahmedabad: Dated 18 /12/2017 Rajesh Copy of the Order forwarded to:- 1. The Appellant. 2. The Respondent. 3. The CIT (Appeals) – 4. The CIT concerned. 5. The DR., ITAT, Ahmedabad. 6. Guard File. By ORDER

Deputy/Asstt.Registrar ITAT,Ahmedabad

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