The ITO, Ward-2(2),, Surat v. Shri Narendra Rajaram Gupta,, Surat

ITA 1091/AHD/2007 | 2003-2004
Pronouncement Date: 14-05-2010 | Result: Dismissed

Appeal Details

RSA Number 109120514 RSA 2007
Bench Ahmedabad
Appeal Number ITA 1091/AHD/2007
Duration Of Justice 3 year(s) 2 month(s)
Appellant The ITO, Ward-2(2),, Surat
Respondent Shri Narendra Rajaram Gupta,, Surat
Appeal Type Income Tax Appeal
Pronouncement Date 14-05-2010
Appeal Filed By Department
Order Result Dismissed
Bench Allotted C
Tribunal Order Date 14-05-2010
Date Of Final Hearing 10-05-2010
Next Hearing Date 10-05-2010
Assessment Year 2003-2004
Appeal Filed On 14-03-2007
Judgment Text
- 1 - IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH C AHMEDABAD BEFORE S/SHRI MUKUL SHRAWAT JM AND D.C.AGRAWAL AM INCOME-TAX OFFICER WARD 2(2) SURAT. V/S . SHRI NARENDRA R. GUPTA SURAT PROP. OF HIRA MASTAN & HIRA RESTAURANT SHOP NO.42 ROYAL TRADING TOWER SALABATPURA SURAT. (APPELLANT) .. (RESPONDENT) APPELLANT BY :- SHRI M. C. PANDIT SR. D.R. RESPONDENT BY:- SHRI M. K. PATEL AR O R D E R PER D. C. AGRAWAL ACCOUNTANT MEMBER . THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF LD. CIT(A) II SURAT DATED 10/1/2007 FOR ASST. YEAR 2 003-04 RAISING FOLLOWING GROUNDS:- 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE A ND IN LAW THE LEARNED CIT(A) HAS ERRED IN DELETING THE ADDITION O F RS.1 31 452/- BEING THE NET PROFIT OF THE BUSINESS AND RS.15 00 131/- BEING DISCLOSURE OF ADDITIONAL INCOM E ADMITTED DURING THE COURSE OF SURVEY U/S 133A OF THE I.T.ACT . ITA NO. 1091/AHD.2007 ASST. YEAR :2003-04 2 THEREBY THE LD. CIT(A) HAS ERRED IN EXPRESSING HIS VIEW THAT THE AO OUGHT TO HAVE ACCEPTED THE COMPUTATION OF IN COME FURNISHED BY THE ASSESSEE IN THE RETURN OF INCOME IN WHICH THE ASSESSEE HAD SHOWN HIS TOTAL INCOME AT RS.10 96 630 /-. 2. THE RETURN OF INCOME HAS BEEN FILED BY THE ASSESSEE SHOWING TOTAL INCOME OF RS.10 96 630/-. THE INCOME ASSESSED BY TH E AO IS RS.16 13 583/- . THE LD. CIT(A) HAS DELETED THE ADD ITION. THE REVENUE EFFECT IS LESS THAN RS.2 LACS. DEPARTMENT OUGHT NOT HAVE FILED THE APPEAL WHERE THE TAX EFFECT IS BELOW RS.2 LACS.. OUR VIEW IS SUPPORTED BY THE DECISION OF HON. DELHI HIGH COURT IN THE CASE OF CI T VS. MANGLAM RICINUS LTD. (2008) 174 TAXMAN 186 (DEL). AS THE AP PEAL SO FILED IS AGAINST THE EXECUTIVE INSTRUCTIONS WHICH ARE BINDIN G ON THE DEPARTMENT WE DISMISS THE APPEAL IN LIMINE. 4. IN THE RESULT THE APPEAL FILED BY THE DEPARTMENT I S DISMISSED. SD/- SD/- (MUKUL SHRAWAT) (D.C.AGRAWAL) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD DATED : 14/5/2010 ORDER PRONOUNCED IN OPEN COURT ON 14/5/2010 3 MAHATA/- COPY OF THE ORDER FORWARDED TO :- 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT(APPEALS)- 4. THE CIT CONCERNS. 5. THE DR ITAT AHMEDABAD 6. GUARD FILE. BY ORDER DEPUTY / ASSTT.REGISTRAR ITAT AHMEDABAD