THE DCIT, CIRCLE-6(1), AHMEDABAD vs. M/S. BEST SOUND SYSTEM, AHMEDABAD

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ITA 393/AHD/2015Status: DisposedITAT Ahmedabad22 September 2017AY 2011-122 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal noted that the tax effect was below the monetary limit prescribed by CBDT Circular No. 21/2015. Therefore, the appeal was liable to be dismissed as withdrawn.

What were the facts?

The Assessing Officer appealed the deletion of an addition made under Section 41(1) of the Income Tax Act. The tax effect involved in the appeal was less than Rs. 10,00,000/-.

What were the issues?

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

Which sections of the Income-tax Act were involved?

Section 41(1)

AI-generated summary — verify with the full judgment below

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

I.T.A. No.393/Ahd/2015 Assessment Year: 2011-12 Page 1 of 2 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD ‘B’ BENCH, AHMEDABAD [Coram: Pramod Kumar, AM and Rajpal Yadav, JM] I.T.A. No.393/Ahd/2015 Assessment Year: 2011-12 Dy. Commissioner of Income Tax, ....................…Appellant Circle – 6(1), Ahmedabad. Vs. Best Sound System, ..........……. Respondent Near Vallabh Wadi, Jawahar Chawk, Bhairavnath Rod, Maninagar, Ahmedabad – 380 008. [PAN: AAAFB 8232 F] Appearances by: Mudit Nagpal for the appellant S.N. Divatia for the respondent Date of concluding the hearing: 21.09.2017 Date of pronouncing the order: 22.09.2017 O R D E R

1.

By way of this appeal, the Assessing Officer has challenged correctness of the order dated 03.11.2014, passed by the learned CIT(A)-XX, Ahmedabad for the assessment year 2011-12, on the following ground :-

“On the facts and circumstances of the case, the ld. CIT(A) erred in deleting the addition of Rs.24,75,607/- made u/s.41(1) of the I.T. Act.”

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

I.T.A. No.393/Ahd/2015 Assessment Year: 2011-12 Page 2 of 2 is liable to be dismissed as withdrawn for the simple reason that tax effect involved in this appeal is less than Rs.10,00,000/-.

3.

In the result, appeal is dismissed. Pronounced in the open court today on the 22nd day of September, 2017.

Sd/- Sd/- Rajpal Yadav Pramod Kumar (Judicial Member) (Accountant Member) Ahmedabad, the 22nd 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

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