The DCIT, Sr-I, Ahmedabad v. The Arcoy Ind Cement P Ltd, Ahmedabad

ITA 2349/AHD/2000 | 1993-1994
Pronouncement Date: 31-07-2012 | Result: Dismissed

Appeal Details

RSA Number 234920514 RSA 2000
Bench Ahmedabad
Appeal Number ITA 2349/AHD/2000
Duration Of Justice 11 year(s) 8 month(s) 16 day(s)
Appellant The DCIT, Sr-I, Ahmedabad
Respondent The Arcoy Ind Cement P Ltd, Ahmedabad
Appeal Type Income Tax Appeal
Pronouncement Date 31-07-2012
Appeal Filed By Department
Order Result Dismissed
Bench Allotted B
Tribunal Order Date 31-07-2012
Date Of Final Hearing 31-07-2012
Next Hearing Date 31-07-2012
Assessment Year 1993-1994
Appeal Filed On 14-11-2000
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL AT AHMEDABAD B BENCH BEFORE: SHRI D.K. TYAGI JUDICIAL MEMBER AND SHRI ANIL CHATURVEDI ACCOUNTANT ME MBER I.T.A. NO.2349/AHD/2000 A. Y.1993-94 THE DY. C.I.T.(ASSESSMENT) SPL. RANGE-I AHMEDABAD APPELLANT VS THE ARCOY INDUSTRIAL CEMENT PVT. LTD. 606 ABHIJIT BUILDING MITHAKHALI AHMEDABAD RESPONDENT DEPARTMENT BY : SHRI Y.C. SURTI SR. D.R. ASSESSEE BY : SHRI S.N. SAPORKAR SR. ADVOCTE & SHRI P.M. MEHTA A.R. DATE OF HEARING : 31.07.2012 DATE OF PRONOUNCEMENT : 31.07.2012 / ORDER PER : D.K. TYAGI JUDICIAL MEMBER THIS IS REVENUES APPEAL AGAINST THE ORDER OF LD. CIT(A)-V AHMEDABAD DATED 09.08.2000 DELETING THE DISALLOWANC E OF RS.1 86 502/- BEING TRADING LOSS. 2. AT THE TIME OF HEARING LD. COUNSEL OF THE ASSES SEE AT THE OUTSET SUBMITTED THAT THE ISSUE INVOLVED IN THIS APPEAL IS ABOUT DISALLOWANCE OF RS.1 86 502/- AND THE TAX ON THIS AMOUNT IS MUCH BE LOW THE PRESCRIBED LIMIT FOR FILING AN APPEAL BEFORE THE TRIBUNAL. THEREFORE T HE APPEAL FILED BY REVENUE BE DISMISSED IN LIMINE . LD. D.R DID NOT DISPUTE THIS SUBMISSION OF THE A SSESSEE. I.T.A. NO.2349/AHD/1997 A. Y.1993-94 2 3. AFTER HEARING BOTH THE PARTIES AND PERUSING THE RECORD WE FIND THAT TAX EFFECT IN THIS CASE IS LESS THAN RS.2 LACS. THEREF ORE IN VIEW OF INSTRUCTION NO.1979 DATED 27.3.2000 ISSUED BY CENTRAL BOARD OF DIRECT TAXES REVENUE SHOULD NOT HAVE FILED THIS APPEAL AND THE SAME IS THEREFORE DISMISSED IN LIMINE. 4. IN THE RESULT THIS APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON 31.07.2012 SD/- SD/- (ANIL CHATURVEDI) (D.K. TYAGI) ACCOUNTANT MEMBER JUDICIAL MEMBER TRUE COPY N.K. CHAUDHARY SR. P.S. COPY OF THE ORDER FORWARDED TO: 1. THE APPLICANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE LD. CIT (APPEALS) 5. THE DR AHMEDABAD 6. THE GUARD FILE BY ORDER AR ITAT AHMEDABAD