ACIT, Central Circle-2, Rajkot v. Jagdish Prasad N. Khatuwala - 2016-LL-1017-84

Citation	2016-LL-1017-84
Appellant Name	ACIT, Central Circle-2, Rajkot
Respondent Name	Jagdish Prasad N. Khatuwala
Court	ITAT-Rajkot
Relevant Act	Income-tax
Date of Order	17/10/2016
Assessment Year	2011-12
Judgment	View Judgment
Keyword Tags	tax effect • monetary limit
Bot Summary:	CIT(A)- 11/637-R/CC.2/2014-15, in proceedings under section 153(A) r.w.s. 143(3) of the Income Tax Act, 1961; in short the Act. The Revenue s sole substantive ground challenges the lower appellate order deleting the addition made by the Assessing Officer of Rs. 25,00,000/- ; made in assessment order. 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dated 10-12-2015 clearly envisaging therein that department s pending appeals before the tribunal/high courts are to be withdrawn/not pressed as per the above stated circular.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 RAJKOT BENCH, RAJKOT Before: Shri S. S. Godara, Judicial Member and Shri Amarjit Singh, Accountant Member [Conducted through E-Court at Ahmedabad] ITA No. 198/Rjt/2015 Assessment Year 2011-12 ACIT, Shri Jagdish Prasad N. Central Circle-2, Khatuwala Shree Rajkot Vs Shyam Kripa 29/2, (Appellant) Paras Society, Panchvati, Jamnagar PAN: AEEPK5370D (Respondent) Revenue by: Shri Yogesh Pandey, CIT-D.R. Assessee by: Shri Chetan Agrawal, A.R. Date of hearing : 03-10-2016 Date of pronouncement : 17-10-2016 ORDER PER : AMARJIT SINGH, ACCOUNTANT MEMBER:- This Revenue s appeal for A.Y. 2011-12, arises from order of CIT(A)-11, Ahmedabad dated 12-02-2015 in appeal no. CIT(A)- 11/637-R/CC.2/2014-15, in proceedings under section 153(A) r.w.s. 143(3) of Income Tax Act, 1961; in short Act . I.T.A No. 198/Rjt/2015 A.Y. 2011-12 Page No 2 ACIT vs. Shri JagdishPrasad N. Khaturwala 2. Revenue s sole substantive ground challenges lower appellate order deleting addition made by Assessing Officer of Rs. 25,00,000/- ; made in assessment order. 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 2. Revenue 3. Concerned CIT 4. CIT (A) 5. DR, ITAT, Ahmedabad 6. Guard file. I.T.A No. 198/Rjt/2015 A.Y. 2011-12 Page No 3 ACIT vs. Shri JagdishPrasad N. Khaturwala By order, Assistant Registrar, Income Tax Appellate Tribunal, Rajkot ACIT, Central Circle-2, Rajkot v. Jagdish Prasad N. Khatuwala

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