DCIT Circle, Surendranagar v. Deepak Kumar Ramnik
[Citation -2016-LL-1017-101]

Citation 2016-LL-1017-101
Appellant Name DCIT Circle, Surendranagar
Respondent Name Deepak Kumar Ramnik
Court ITAT-Rajkot
Relevant Act Income-tax
Date of Order 17/10/2016
Assessment Year 2007-08
Judgment View Judgment
Keyword Tags tax effect • retrospective applicability
Bot Summary: The Revenue s sole substantive ground challenges the lower appellate order deleting the addition made by the Assessing Officer of Rs. 2,86,555/- ; made in assessment order dated 20-03-2013. 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10-12- 2015 clearly envisaging therein that department s pending appeals before the tribunal/high courts are to be withdrawn/not pressed as per the above stated circular. 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. This Revenue s appeal is dismissed as having low tax effect.


IN INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH, RAJKOT Before: Shri S. S. Godara, Judicial Member and Shri Amarjit Singh, Accountant Member [Conducted through E-Court at Ahmedabad] ITA No. 25/Rjt/2015 Assessment Year 2007-08 DCIT Circle Mr. Deepak Kumar Ramnik Surendranagar Lal Shah, Mahajan building, (Appellant) Vs Satta Hall, Surendranagar and 6, Kusumnagar plot, B/H Prathistha Flats, Near Gujarat Society, Paldi, Ahmedabad-387007 PAN: AGDPS4565M (Respondent) Revenue by: Shri Arvind N. Sontakke, Sr. D.R. Assessee by: Shri Ravi Tanna, A.R. Date of hearing : 04-10-2016 Date of pronouncement : 17-10-2016 ORDER PER : AMARJIT SINGH, ACCOUNTANT MEMBER:- This Revenue s appeal for A.Y. 2007-08, arises from order of CIT(A)-XVI, Ahmedabad dated 05-11-2014 in appeal no. CIT(A)- I.T.A No. 25/Rjt/2015 A.Y. 2007-08 Page No 2 DCIT vs. Shri Deepak Kumar Ramnik Lal Shah XVI/ACIT/Cir/SNR/89/2013-14, in proceedings under section 143(3) r.w.s. 147 of Income Tax Act, 1961; in short Act . 2. Revenue s sole substantive ground challenges lower appellate order deleting addition made by Assessing Officer of Rs. 2,86,555/- ; made in assessment order dated 20-03-2013. 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 17-10-2016 Sd/- Sd/- (S. S. GODARA) (AMARJIT SINGH) JUDICIAL MEMBER ACCOUNTANT MEMBER Ahmedabad : Dated 17/10/2016 ak / Copy of Order Forwarded to:- 1. Assessee I.T.A No. 25/Rjt/2015 A.Y. 2007-08 Page No 3 DCIT vs. Shri Deepak Kumar Ramnik Lal Shah 2. Revenue 3. Concerned CIT 4. CIT (A) 5. DR, ITAT, Ahmedabad 6. Guard file. By order, Assistant Registrar, Income Tax Appellate Tribunal, Rajkot DCIT Circle, Surendranagar v. Deepak Kumar Ramnik
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