The DCIT(OSD), Cir.4, Ahmedabad v. Lancer Laser Tech Ltd
[Citation -2016-LL-0916-121]

Citation 2016-LL-0916-121
Appellant Name The DCIT(OSD), Cir.4, Ahmedabad
Respondent Name Lancer Laser Tech Ltd.
Court ITAT-Ahmedabad
Relevant Act Income-tax
Date of Order 16/09/2016
Assessment Year 2010-11
Judgment View Judgment
Keyword Tags industrial estate • excess interest • tax effect • bad debt
Bot Summary: CIT(A)- VIII/DCIT/Cir-4/115/12-13, in proceedings under section 143(3) of the Income Tax Act, 1961; in short the Act. The Revenue s twin substantive grounds challenge the lower appellate order deleting the addition made on account of disallowance of bad debt and that on account of disallowance of excess interest of Rs. 12,19,543/- and Rs. 16, 69, 426/- ; respectively made in assessment order dated 28-01-2013. There is no dispute that the net tax effect in the instant appeal is less than Rs. 10 lacs. 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dated 10-12-2015 clearly envisaging therein that department s pending appeals before the tribunal/high courts are to be withdrawn/not pressed as per the above stated circular. We take into consideration the above stated Board s circular and dismiss the instant appeal accordingly. This Revenue s appeal is dismissed as having low tax effect.


IN INCOME TAX APPELLATE TRIBUNAL AHMEDABAD B BENCH Before: Shri Rajpal Yadav, Judicial Member and Shri Amarjit Singh, Accountant Member ITA No. 2984/Ahd/2013 Assessment Year 2010-11 DCIT(OSD), Lancer Laser Tech Ltd, Cir.4, Ahmedabad, 17-B, Kunaldeep Navjivan Trust Building, Vs Industrial Estate, Opp. Off. Ashram Road New Arvind Mills, Ahmedabad Khatraj, Gandhinagar, (Appellant) PAN: AAACL5061F (Respondent) Revenue by: Shri James Kurian, Sr. D.R. Assessee by: None Date of hearing : 08-09-2016 Date of pronouncement : 16-09-2016 ORDER PER : AMARJIT SINGH, ACCOUNTANT MEMBER:- This Revenue s appeal for A.Y. 2010-11, arises from order of CIT(A)-VIII, Ahmedabad dated 12-09-2013 in appeal no. CIT(A)- VIII/DCIT/Cir-4/115/12-13, in proceedings under section 143(3) of Income Tax Act, 1961; in short Act . I.T.A No. 2984/Ahd/2013 A.Y. 2010-11 Page No 2 DCIT(OSD) vs. Lancer Laser Tech Ltd. 2. Revenue s twin substantive grounds challenge lower appellate order deleting addition made on account of disallowance of bad debt and that on account of disallowance of excess interest of Rs. 12,19,543/- and Rs. 16, 69, 426/- ; respectively made in assessment order dated 28-01-2013. There is no dispute that net tax effect in instant appeal is less than Rs. 10 lacs. We find that Central Board of Direct Taxes; hereafter Board has issued circular no. 21/2015 dated 10-12-2015 clearly envisaging therein that department s pending appeals before tribunal/high courts are to be withdrawn/not pressed as per above stated circular. same has been declared to be having retrospective effect in other words. We take into consideration above stated Board s circular and dismiss instant appeal accordingly. 3. This Revenue s appeal is dismissed as having low tax effect. Order pronounced in open court on 16-09-2016 Sd/- Sd/- (RAJPAL YADAV) (AMARJIT SINGH) JUDICIAL MEMBER ACCOUNTANT MEMBER Ahmedabad : Dated 16/09/2016 Copy of Order Forwarded to:- 1. Assessee 2. Revenue 3. Concerned CIT 4. CIT (A) I.T.A No. 2984/Ahd/2013 A.Y. 2010-11 Page No 3 DCIT(OSD) vs. Lancer Laser Tech Ltd. 5. DR, ITAT, Ahmedabad 6. Guard file. By order DCIT(OSD), Cir.4, Ahmedabad v. Lancer Laser Tech Ltd
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