The ITO, Ward-2,, Gandhinagar v. Gujarat State Federation of Co.Op.Sugar Factories Ltd.,, Gandhinagar

ITA 947/AHD/2014 | 2004-2005
Pronouncement Date: 28-10-2016 | Result: Dismissed

Appeal Details

RSA Number 94720514 RSA 2014
Assessee PAN AAAAG0288P
Bench Ahmedabad
Appeal Number ITA 947/AHD/2014
Duration Of Justice 2 year(s) 6 month(s) 24 day(s)
Appellant The ITO, Ward-2,, Gandhinagar
Respondent Gujarat State Federation of Co.Op.Sugar Factories Ltd.,, Gandhinagar
Appeal Type Income Tax Appeal
Pronouncement Date 28-10-2016
Appeal Filed By Department
Order Result Dismissed
Bench Allotted C
Tribunal Order Date 28-10-2016
Date Of Final Hearing 27-10-2016
Next Hearing Date 27-10-2016
Assessment Year 2004-2005
Appeal Filed On 03-04-2014
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD C BENCH BEFORE: SHR I S. S. GODARA JUDICIAL MEMBER AND SHRI AMARJIT SINGH ACCOUNTANT MEMBER THE ITO WARD - 2 GANDHINAGAR (APPELLANT) VS GUJARAT STATE FEDERATION OF CO - OP SUGAR FACTORIES LTD. PLOT NO. 274 SECTOR NO. 16 SARDAR SAHKARI KHAND BHAVAN PAN:AAAAG0288P (RESPONDENT) GUJARAT STATE FEDERATION OF CO - OP SUGAR FACTORIES LTD. PLOT NO. 274 SECTOR NO. 16 SARDAR SAHKARI KHAND BHAVAN PAN:AAAAG0288P (APPELLANT) VS THE ITO WARD - 2 GAN DHINAGAR (CROSS OBJECTOR ) REVENUE BY : S H RI PRASOON KABRA SR. D . R. ASSESSEE BY: S H RI JIMMY PATEL A.R. I T A NO . 947 & 948 / A HD/20 14 A S SESSMENT YEAR 200 4 - 05 & 2007 - 08 CO NO. 159 & 160 /AHD/2014 (IN ITA NO. 947 & 948 /AHD/20 14) ASSESSMENT YEAR 200 4 - 05 & 2007 - 08 I.T.A NO S . 947 & 948 & CO NOS. 159 & 160 /A HD/2014 A.Y. PAGE NO ITO VS. GUJARAT STATE FEDERATION OF CO - OP. SUGAR FACTORIES LTD. 2 DATE OF HEARING : 27 - 10 - 2 016 DATE OF PRONOUNCEMENT : 28 - 10 - 2 016 / ORDER P ER BENCH: - THE S E TWO REVENUE S APPEAL S AND ASSESSEE S CROSS OBJECTIONS FOR A.Y. 2004 - 05 & 2007 - 08 AR ISE FROM ORDER OF THE CIT(A) GANDHINAGAR DATED 02 - 01 - 2014 IN APPEAL NOS. CIT(A)/GNR/196/2012 - 13 & CIT(A)/GNR/193/ 2012 - 13 IN PROCEEDINGS UNDER SECTION 143(3) R.W.S 245 OF THE INCOME TAX ACT 1961; IN SHORT THE ACT . 2. THE GROUND OF APPEAL THAT THE ADDITION MADE BY THE THE ASSESSING OFFICER ON ACCOUNT OF INTEREST ON CUMULATIVE DEPOSIT AMOUNTING TO RS. 14 66 615/ - I S INCORRECT AND THE ASSESSEE S CROSS APPEAL REGARDING PRO - RATE EXPENSES FROM THE INTEREST INCOME ARE DEALT AS UNDER. 3 . DURING THE COURSE OF HEARING THE LD. COUNSEL DREW OUR ATTENTION TOWARDS TAX EFFECT INVOLVED IN THESE APPEALS OF LESS THAN 10 LACS. THE LD. D.R. DID NOT OBJECT THE SAME. 4 . WE FIND THAT THE CENTRAL BOARD OF DIRECT TAXES; HEREAFTER THE BOARD HAS ISSUED THE CIRCULAR NO. 21/2015 DATED 10 - 12 - 2015 CLEARLY ENVISAGING THEREIN THAT DEPARTMENT S PENDING APPEALS BEFORE THE I.T.A NO S . 947 & 948 & CO NOS. 159 & 160 /A HD/2014 A.Y. PAGE NO ITO VS. GUJARAT STATE FEDERATION OF CO - OP. SUGAR FACTORIES LTD. 3 TRIBUNAL/HIGH COURT S ARE TO BE WITHDRAWN/NOT PRESSED AS PER THE ABOVE STATED CIRCULAR. THE SAME HAS BEEN DECLARED TO BE HAVING RETROSPECTIVE EFFECT IN OTHER WORDS. WE TAKE INTO CONSIDERATION THE ABOVE STATED BOARD S CIRCULAR AND DISMISS THE INSTANT APPEAL ACCORDINGLY. 5 . THE S E TWO REVENUE S APPEAL S ARE DISMISSED AS HAVING LOW TAX EFFECT. 6 . THE CROSS APPEALS OF THE ASSESSEE HAS BECOME INFRUCTUOUS BECAUSE OF DECISION OF LD. COMMISSIONER OF INCOME TAX(A) AS PER PARA 6.1 OF THE LD. COMMISSIONER OF INCOME TAX(A) S ORDER OF A .Y. 2004 - 05 AND SIMILARLY ALSO FOR A.Y. 2007 - 08 AS PER PARA 8.1 OF THE LD. COMMISSIONER OF INCOME TAX(A) ORDER. ORDER PR ONOUNCED IN THE OPEN C OURT ON 28 - 10 - 201 6 SD/ - SD/ - ( S.S. GODARA ) ( AMARJIT SINGH ) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD : DATED 28 /10 /2016 AK / COPY OF ORDER FORWARDED TO: - 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR ITAT AHMEDABAD 6. GUARD FILE. I.T.A NO S . 947 & 948 & CO NOS. 159 & 160 /A HD/2014 A.Y. PAGE NO ITO VS. GUJARAT STATE FEDERATION OF CO - OP. SUGAR FACTORIES LTD. 4 BY ORDER/ /