The ITO, Ward-7(2),, Ahmedabad v. Shri Kiran J. Thakore,, Ahmedabad

ITA 1003/AHD/2014 | 2009-2010
Pronouncement Date: 03-10-2016 | Result: Dismissed

Appeal Details

RSA Number 100320514 RSA 2014
Assessee PAN AAKPT3282H
Bench Ahmedabad
Appeal Number ITA 1003/AHD/2014
Duration Of Justice 2 year(s) 5 month(s) 25 day(s)
Appellant The ITO, Ward-7(2),, Ahmedabad
Respondent Shri Kiran J. Thakore,, Ahmedabad
Appeal Type Income Tax Appeal
Pronouncement Date 03-10-2016
Appeal Filed By Department
Order Result Dismissed
Bench Allotted C
Tribunal Order Date 03-10-2016
Date Of Final Hearing 03-10-2016
Next Hearing Date 03-10-2016
Assessment Year 2009-2010
Appeal Filed On 08-04-2014
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD C BENCH (BEFORE SHRI N.K. BILLAIYA ACCOUNTANT MEMBER & SHRI MAHAVIR PRASAD JUDICIAL MEMBER) ITA. NO: 1003/AHD/2014 (ASSESSMENT YEAR: 2009-10) I.T.O. WARD-7(2) AHMEDABAD V/S SHRI KIRAN J. THAKOR 19/SHOBHANA APARTMENT NR. SARDAR CENTRE VASTRAPUR AHMEDABAD (APPELLANT) (RESPONDENT) PAN: AAKPT3282H APPELLANT BY : SHRI PRASOON KABRA SR. D. R. RESPONDENT BY : NONE ( )/ ORDER DATE OF HEARING : 03 -10-20 16 DATE OF PRONOUNCEMENT : 03 -10-2016 PER N.K. BILLAIYA ACCOUNTANT MEMBER: 1. THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE LD. CIT(A)- XXI AHMEDABAD DATED 20.01.2014 PERTAINING TO A.Y. 2009-10. ITA NO. 1003 /AHD/2014 . A.Y. 2009-1 0 2 2. THE GRIEVANCE OF THE REVENUE IS TWOFOLD. FIRSTLY T HE REVENUE IS AGGRIEVED BY THE DELETION OF THE PENALTY U/S 271(1)(C) IN RES PECT OF ADDITION OF RS. 2 10 643/- ON ACCOUNT OF UNEXPLAINED CASH CREDITS. SECONDLY THE REVENUE IS FURTHER AGGRIEVED IN PARTLY DELETING THE PENALTY U/ S 271(1)(C) IN RESPECT OF ADDITION OF RS. 11 58 651/- ON ACCOUNT OF UNEXPLAIN ED CASH CREDITS. 3. THE TOTAL LEVY OF PENALTY UNDER DISPUTE BEFORE THE FIRST APPELLATE AUTHORITY WAS AT RS. 4 83 283/-. IN OUR CONSIDERED OPINION T HIS APPEAL BY THE REVENUE HAS TO BE DISMISSED IN THE LIGHT OF THE CBD T CIRCULAR NO. 21 OF 2015 DATED 10.12.2015 BY WHICH THE CBDT HAS PRESCRI BED THE MONETARY LIMIT FOR FILING THE APPEAL BEFORE THE TRIBUNAL AT RS. 10 LACS AND ABOVE. IN THE LIGHT OF THE AFOREMENTIONED CIRCULAR THIS APPEAL O F THE REVENUE IS DISMISSED. 4. HOWEVER THE REVENUE IS AT LIBERTY TO COME BEFORE T HE TRIBUNAL IF IT FEELS THAT THIS APPEAL IS NOT HIT BY THE AFOREMENTIONED C BDT CIRCULAR AS PER THE PROVISIONS OF THE LAW. 5. IN THE RESULT THE APPEAL FILED BY THE REVENUE IS D ISMISSED. ORDER PRONOUNCED IN OPEN COURT ON 03 - 10- 20 16 SD/- SD/- (MAHAVIR PRASAD) (N. K. BILLAIYA) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD: TRUE COPY RAJESH