The Ito Ward 4 4 Ahmedabad v. M S Marwar Hotels Ltd Ahmedabad

Ita No 2953 Co No 303 Ahd 2014 Ito Vs Marwar Hotels Ltd Assessment Year 2006 07 Page 1 Of 2 In The Income Tax Appellate Tribunal Ahmedabad D Bench Ahmedabad Coram Pramod Kumar Am And S S Godara Jm Ita No 2953 Ahd 2014 Co No 303 Ahd 2014 Assessment Year 2006 07 The Income Tax Officer Ap Pellant Ward 4 4 Ahmedabad Vs Marwar Hotels Ltd Respondent Airport Cross Road Cross Objector Hansol Ahmedabad 380013 Pan Aaacm 8009 M Appearances By Vk Singh For The Appellant Ira Kapoor For The Respondent Date Of Concluding The Hearing 18 12 2017 Date Of Pronouncing The Order 19 12 2017 O R D E R Per Pramod Kumar Am 1 This Appeal By The Revenue And The Cross Objecti On Thereof By The Assessee Are Directed Against The Order Dated 05 08 2014 Pas Sed By The Learned Cit A Viii Ahmedabad In The Matter Of Assessment Under Section 143 3 R W S 147 Of The Income Tax Act 1961 For The Assessment Year 2006 07 2 The Grievances Raised By The Assessing Officer A Re As Follows 1 The Ld Cit A Has Erred In Law And On Facts In Deleting The Disallowance Of Excess Depreciation Claimed On The Interior Deco Ration And False Ceilings Which Were In The Nature Of Furniture And Fittings 2 The Ld Cit A Erred In Law And On Facts To Hold That The Interior Decoration And False Ceilings Were In The Nature Of Plant Elig Ible For Higher Rate Of Depreciation 3 So Far As The Appeal Of The Revenue Is Concerned At The Outset The Learned Counsel For The Assessee Points Out That The Appeal Of The Revenue Needs To Be Dismissed On Account Of Low Tax Effect In View Of T He Cbdt Circular No 21 Of 2015 Dated 10 12 2015 S He Also Submits That In The Present Case The Tax Ef Fect Is Rs 8 67 624 Which Is Below The Prescribed Limit O F Rs 10 Lacs And She Has Placed On Record The Working For The Same The Learned Departmental Representative Fairly Ita No 2953 Co No 303 Ahd 2014 Ito Vs Marwar Hotels Ltd Assessment Year 2006 07 Page 2 Of 2 Admitted That The Tax Effect Is Less Than The Limit Prescribed By The Aforesaid Cbdt Circular 4 Having Heard The Rival Contentions And Having P Erused The Material On Record We Find That Prima Facie This Appeal Of The Revenue Is Not Maintainable In View Of Cbdt Circular No 21 2015 In F No 279 Misc 142 200 7 Itj Pt Dated 10th December 2015 Vide Which It Has Been Provided That If The Tax Effect By Virtue Of The Commissioner Of Income Tax Appeals S Order Is Bel Ow Rs 10 Lacs Then That Order Would Not Be Challenged Before The Tribunal In Furt Her Appeal The Board Has Provided Exemptions At Clause 8 Of The Instructio Ns Wherein 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 S Ome Audit Objections Or The Addition Relates To Undisclosed Foreign Assets Bank Accounts Etc We Find That The Present Case Does Not Fall Within The Exemption Cla Use And The Tax Is Less Than Rs 10 Lacs Therefore The Present Appeal Is Not Mainta Inable And Hence Dismissed 5 The Appeal Of The Revenue Is Thus Dismissed In Limine 6 As The Appeal Filed By The Revenue Itself Is Fou Nd To Be Non Maintainable And As The Cross Objection Of The Assessee Arises Only As A Result Of This Appeal The Cross Objection Filed By The Assessee Is Also Dismi Ssed As Infructuous 7 In The Result The Appeal And Cross Objection B Oth Are Dismissed Pronounced In The Open Court Today On The 19 Th Day Of December 2017 Sd Sd S S Godara Pramod Kumar Judicial Member Accountant Member Ahmedabad The 19 Th Day Of December 2017 Bt Copies To 1 The Appellant 2 The Respondent 3 Commissioner 4 Cit A 5 Departmental Representative 6 Guard File By Order True Copy Assistant Registrar Income Tax Appellate Tribunal Ahmedabad Benches Ahmedabad 1 Date Of Dictation Covered By Cbdt Circu Lar Prepared On 19 12 2017 2 Date On Which The Typed Draft Is Placed Before T He Dictating Member 19 12 2017 3 Date On Which The Approved Draft Comes To The Sr P S P S 19 12 2017 4 Date On Which The Fair Order Is Placed Before Th E Dictating Member For Pronouncement 19 12 2017 5 Date On Which The File Goes To The Bench Clerk 20 12 2017 6 Date On Which The File Goes To The Head Clerk 7 The Date On Which The File Goes To The Assistant Registrar For Signatureon The Order