The DCIT,(OSD), Circle-9, Ahmedabad v. Shri Ramesh L. Shah,, Ahmedabad

ITA 1759/AHD/2013 | 1997-1998
Pronouncement Date: 07-10-2016 | Result: Dismissed

Appeal Details

RSA Number 175920514 RSA 2013
Assessee PAN AFQPS2500E
Bench Ahmedabad
Appeal Number ITA 1759/AHD/2013
Duration Of Justice 3 year(s) 3 month(s) 24 day(s)
Appellant The DCIT,(OSD), Circle-9, Ahmedabad
Respondent Shri Ramesh L. Shah,, Ahmedabad
Appeal Type Income Tax Appeal
Pronouncement Date 07-10-2016
Appeal Filed By Department
Order Result Dismissed
Bench Allotted SMC
Tribunal Order Date 07-10-2016
Date Of Final Hearing 06-10-2016
Next Hearing Date 06-10-2016
Assessment Year 1997-1998
Appeal Filed On 13-06-2013
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH AHMEDABAD BEFORE SHRI R.P. TOLANI JUDICIAL MEMBER ./ ITA NOS. 1759 & 1760/AHD/2013 / ASSESSMENT YEAR : 1997-98 & 1998-99 DCIT CIRCLE-9 AHMEDABAD VS SHRI RAMESH L. SHAH 2 KRISHNA APPTS AMBAWADI AHMEDABAD PAN : AFQPS 2500 E / (APPELLANT) / (RESPONDENT REVENUE BY : SMT. SONIA KUMAR SR. DR ASSESSEE BY : NONE / DATE OF HEARING : 06/10/2016 / DATE OF PRONOUNCEMENT: 07/10/2016 / O R D E R THESE TWO APPEALS BY THE REVENUE ARE DIRECTED AGAIN ST SEPARATE ORDERS OF THE COMMISSIONER OF INCOME-TAX (APPEALS)- XV AHMEDABAD OF EVEN DATED 25.03.2013 FOR ASSESSMENT YEARS 1997-199 8 & 1998-1999 RESPECTIVELY. 2. THE REVENUE HAS TAKEN FOLLOWING GROUNDS IN ITS A PPEALS:- AY : 1997-1998 THE LD. COMMISSIONER OF INCOME-TAX (APPEALS)-XV AH MEDABAD HAS ERRED IN LAW AND ON FACTS IN DELETING THE ADDITION OF RS. 11 00 000/- MADE ON ACCOUNT OF UNSECURED LOAN U/S 68 IN RESPECT OF LOAN FROM SHRI JANAKBHAI BAROT FOR RS.6 60 000/- & RS.4 50 000/- IN RESPECT OF LOAN FROM M/S RAMVIJAY CHEMICALS FOR RS.4 50 000/- ONLY BASED ON AN AFFIDAVIT FROM THE DEPOSITORS WITHOUT ANY CORROBORATED EVIDENCE. AY : 1998-99 1. THE LD. COMMISSIONER OF INCOME-TAX (APPEALS)-XV AH MEDABAD HAS ERRED IN LAW AND ON FACTS IN DELETING THE DISALLOWA NCE OF EXPENSES OF RS.19 25 614/- OUT OF TOTAL DISALLOWANCE OF RS.28 6 1 177/- ON ACCOUNT OF PROPORTIONATE EXPENSES. SMC-ITA NOS. 1759 & 1760/AHD/2013 DCIT VS. SHRI RAMESH L. SHAH AY : 1997-98 & 1998-99 2 2. THE LD. COMMISSIONER OF INCOME-TAX (APPEALS)-XV AH MEDABAD HAS ERRED IN LAW AND ON FACTS IN DELETING THE ADDITION OF RS.89 387/- MADE ON ACCOUNT OF INTEREST EXPENSES ON CASH CREDIT. 3. I HAVE HEARD THE LD. DEPARTMENTAL REPRESENTATIVE AND PERUSED THE MATERIAL AVAILABLE ON RECORD. ON PERUSING THE GROU NDS OF APPEALS RAISED BY THE REVENUE I PRIMA-FACIE FIND THAT THE TAX EFF ECT IN BOTH THESE APPEALS IS BELOW RS.10 LACS. AS PER THE ANNOUNCEMENT OF CE NTRAL BOARD OF DIRECT TAXES (CBDT) DATED 10.12.2015 (CIRCULAR NO.21 OF 20 15) NO DEPARTMENT APPEALS ARE TO BE FILED AGAINST RELIEF GIVEN BY LD. CIT(A) BEFORE THE INCOME TAX APPELLATE TRIBUNAL UNLESS THE TAX EFFECT EXCLUDING INTEREST EXCEEDS RS.10 LACS AND IT FURTHER STATES THAT THE I NSTRUCTIONS WILL APPLY RETROSPECTIVELY TO THE PENDING APPEALS. THE BOARD HAS PROVIDED EXEMPTIONS AT CLAUSE (8) OF THE INSTRUCTIONS WHEREI N IT HAS BEEN PROVIDED THAT THESE INSTRUCTIONS WILL NOT BE APPLICABLE IF VIRES OF ANY PROVISIONS HAS BEEN QUASHED BY IMPUGNED ORDER OR ADDITION WAS MADE ON SOME AUDIT OBJECTIONS OR THE ADDITION RELATES TO UNDISCL OSED FOREIGN ASSETS/BANK ACCOUNTS ETC. I PRIMA-FACIE FIND THAT THE PRESENT CASES DO NOT FALL WITHIN THE EXEMPTION CLAUSE AND THE TAX EFFECT OF BOTH THESE APPEALS IS BELOW RS. 10 LAKHS. THEREFORE THESE APPEALS OF TH E REVENUE ARE NOT MAINTAINABLE AND HENCE DISMISSED. 4. IN THE RESULT BOTH APPEALS OF THE REVENUE ARE D ISMISSED IN LIMINE. ORDER PRONOUNCED IN THE COURT ON 7 TH OCTOBER 2016 AT AHMEDABAD. SD/- R.P. TOLANI (JUDICIAL MEMBER) AHMEDABAD; DATED 07/10/2016 *BIJU T. SMC-ITA NOS. 1759 & 1760/AHD/2013 DCIT VS. SHRI RAMESH L. SHAH AY : 1997-98 & 1998-99 3 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / CONCERNED CIT 4. ( ) / THE CIT(A) 5. / DR ITAT AHMEDABAD 6. / GUARD FILE . / BY ORDER TRUE COPY / ( DY./ASSTT.REGISTRAR) / ITAT AHMEDABAD