What did the Tribunal hold?

The Tribunal noted that the tax effect involved in the appeal was less than Rs. 10,00,000/-. Following CBDT Circular No. 21/2015, the Tribunal decided to dismiss the appeal as withdrawn.

The Assessing Officer appealed the CIT(A)'s order deleting a disallowance of depreciation on motor cars. The disallowance was made for depreciation exceeding 15%.

What were the issues?

The primary issue was whether the CIT(A) erred in deleting the disallowance of depreciation on motor cars. However, the appeal was dismissed on the grounds of low tax effect.

ITO vs M/S. Chirag Synthetic Mills Pvt… | ITAT Ahmedabad 2017

Income Tax Appellate Tribunal, AHMEDABAD ‘D’ BENCH, AHMEDABAD

I.T.A. No.3654/Ahd/2015 Assessment Year: 2010-11 Page 1 of 2 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD ‘D’ BENCH, AHMEDABAD [Coram: Pramod Kumar, AM and S.S. Godara, JM] I.T.A. No.3654/Ahd/2015 Assessment Year: 2010-11 Income Tax Officer, ....................…Appellant Ward – 1(1)(3), Ahmedabad. Vs. Chirag Synthetic Mills Pvt. Ltd. ..........……. Respondent 243, New Cloth Market, Near Raipur Gate, Ahmedabad – 380 002. [PAN: AABCC 6729 J] Appearances by: Roop Chand for the appellant None for the respondent Date of concluding the hearing: 12.09.2017 Date of pronouncing the order: 19.09.2017 O R D E R

By way of this appeal, the Assessing Officer has challenged correctness of the order dated 26th October 2015, passed by the learned CIT(A)-1, Ahmedabad for the assessment year 2010-11, on the following grounds :-

“The ld. CIT(A) has erred in law and on facts in deleting the disallowance of Rs.4,34,966/- being the depreciation on motor cars in excess of 15% made by the Assessing Officer. On the fact and in the circumstances of the case and in law, the CIT(A) ought to have upheld the order of the Assessing Officer to the extent mentioned above since the assessee has failed to disclose his true income/book profit. The appellant prays that the order of CIT(A) on the above grounds be set aside and that of the Assessing Officer be restored to the above extent.”

I.T.A. No.3654/Ahd/2015 Assessment Year: 2010-11 Page 2 of 2 2. We have noticed that the tax effect involved in this appeal is less than Rs.10,00,000/-. In view of this undisputed fact and in the light of CBDT Circular No.21/2015 dated 10th December, 2015, we are of the considered view that this appeal is liable to be dismissed as withdrawn for the simple reason that tax effect involved in this appeal is less than Rs.10,00,000/-.

In the result, appeal is dismissed. Pronounced in the open court today on the 19th day of September, 2017.

Sd/- Sd/- S.S. Godara Pramod Kumar (Judicial Member) (Accountant Member) Ahmedabad, the 19th day of September, 2017 PBN/* Copies to: (1) The appellant (2) The respondent (3) Commissioner (4) CIT(A) (5) Departmental Representative (6) Guard File By order UE COPY Assistant Registrar Income Tax Appellate Tribunal Ahmedabad benches, Ahmedabad

THE ITO, WARD-1(1)(3), AHMEDABAD vs. M/S. CHIRAG SYNTHETIC MILLS PVT. LTD., AHMEDABAD

What did the Tribunal hold?

What were the facts?

What were the issues?

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