THE ITO, WARD-5(3)(1), AHMEDABAD vs. SHRI KSHITIN PRAVINBHAI SHETH, AHMEDABAD

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ITA 1001/AHD/2016Status: 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, citing a CBDT circular that mandates withdrawal of pending appeals with a low tax effect. The assessee's cross-objection was dismissed as not pressed.

What were the facts?

The Revenue appealed against the CIT(A)'s order which restricted the disallowance of bogus purchases to 5%. The assessee had not discharged the primary onus of proving the genuineness of the entire purchases.

What were the issues?

Whether the Revenue's appeal should be withdrawn/not pressed due to low tax effect as per CBDT circular. Whether the assessee discharged the onus of proving genuineness of purchases.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, AHMEDABAD “SMC” BENCH AHMEDABAD

Hearing: 12.12.2017Pronounced: 18.12.2017

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

BEFORE, SHRI N. K. BILLAIYA, ACCOUNTANT MEMBER AND SHRI S. S. GODARA, JUDICIAL MEMBER ITA No. 1001/Ahd/2016 WITH CO No. 78/Ahd/2016 (Assessment Year: 2007-08) Income-tax Officer, Ward-5(3)(1), Room No. 128, 1st Floor, Narayan Chambers, Nr. Nehru Bridge, Ashram Road, Ahmedabad-380009 Appellant Vs. Shri Kshitin Pravinbhai Sheth, 3, Dharmishtanagar Society, New Sharda Mandir Road, Paldi, Ahmedabad – 380007 Respondent/Cross Objector PAN: ACEPS6989E

राज�व क� ओर से/By Revenue : R. P. Maurya, Sr. D.R. आवेदक क� ओर से/By Assessee : Saumya Sheth, A.R. सुनवाई क� तार�ख/Date of Hearing : 12.12.2017 घोषणा क� तार�ख/Date of Pronouncement : 18.12.2017

ORDER PER S. S. GODARA, JUDICIAL MEMBER

This Revenue’s appeal and assessee’s cross objection for assessment year 2007-08 arise against the CIT(A)-5, Ahmedabad’s order dated 10.02.2016 in case no. CIT(A)-5/ITO.Wd.11(1)/409/2014-15, in proceedings u/s. 143(3) r.w.s. 147 of the Income Tax Act, 1961; in short “the Act”.

2.

The Revenue’s substantive ground pleaded in the instant appeal challenges the CIT(A)’s order restricting the disallowance of the bogus purchases to 5% when

ITA No. 1001/Ahd/16 with 78/Ahd/16 [ITO vs. Shri Kshitin P. Sheth] - 2 - A.Y. 2007-08

the assessee has not discharged his primary onus of proving the genuineness of the entire purchases. 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.

We come to assessee’s Cross Objection No.78/Ahd/2016. Ld. counsel stated that he is not pressing the same since Revenue’s appeal is being declined.

4.

The Revenue’s appeal ITA No.1001/Ahd/2016 is dismissed as having low tax effect and assessee’s Cross Objection i.e. C.O. No.78/Ahd/2016 is dismissed as not pressed.

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

Sd/- Sd/- (N. K. BILLAIYA) (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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