Shri Pethaljibhai Nathabhai Chavda Through L/H Jawaharghai P. Chavda, RAJKOT-GUJARAT V. The Assistant Commr. Income Tax, Junagadh Circle, JUNAGADH

CO 11/RJT/2016

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 1039 (ITAT-RAJKOT)
• Duration Of Justice: 2 year(s) 1 month(s) 19 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 29-11-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2002-2003
• Appeal Filed On: 10-10-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Audit objection; Tax effect

Judgement Text

: : IN THE INCOME TAX APPELLATE TRIBULAL: RAJKOT BENCH: RAJKOT , , BEFORE SHRI C.M.GARG, JUDICIAL MEMBER AND SHRI O.P.MEENA, ACCOUNTANT MEMBER . / ITA NO.195/RJT/2016 & C.O NO.11/RJT/2016 / ASSESSMENT YEAR: 2002-03 ASST. COMMISSIONER OF INCOME TAX, JUNAGADH CIRCLE, JUNAGADH. VS. SHRI PETHALJIBHAI N. CHAVDA, DR. SUBHASH PALACE, KHAM DHROL ROAD, JUNAGADH. [PAN: ABFPC 9564M] ( / APPELLANT) ( /RESPONDENT/CROSS OBJECTOR) /ASSESSEE BY : WRITTEN SUBMISSION /REVENUE BY : SHRI PRAVEEN VERMA, SR.DR /DATE OF HEARING : 29-11-2018 /DATE OF PRONOUNCEMENT : 29-11-2018 / ORDER PER BENCH : THIS APPEAL HAS BEEN FILED BY THE REVENUE AND THE C ROSS OBJECTION (CO) HAS BEEN FILED BY THE ASSESSEE AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)-2, RAJKOT (CIT(A) FOR SHORT) DATED 23.03.2016 FOR THE ASSESSMENT YEAR (A.Y) 2002-03. 2. WE HAVE HEARD THE LD. DEPARTMENTAL REPRESENTATIV E (DR) AND PERUSED THE MATERIAL AVAILABLE ON RECORD AND FIND THAT TAX EFFECT INVOLVED IN THIS APPEAL IS 2 ITA NO.195/RJT/2016 & C.O NO.11/RJT/2016 (A.Y: 2002 -03) M/S. SHRI PETHALJIBHAI N. CHAVDA BELOW RS. 20 LAKHS. THE LD. DR ALSO DID NOT DISPUTE THIS FACT. WE FIND THAT THE CBDT VIDE CIRCULAR NO.3/2018 DATED 11.07.2018 [F.NO .279/MISC.142/2007-ITJ (PT)] HAS REVISED THE MONETARY LIMIT FOR FILING OF APPEAL BEFORE TRIBUNAL FIXING THE TAX EFFECT LIMIT AT RS.20 LACS. THE SAID CIRCULAR S UPERSEDES THE EARLIER CIRCULAR(S) ISSUED ON THE SUBJECT OF TAX EFFECT AND APPLIES TO ALL PENDING APPEAL RETROSPECTIVELY. THE BOARD HAS PROVIDED EXCEPTIONS PROVIDED UNDER PARA 10 OF THE CIRCULAR WHEREIN IT HAS BEEN PROVIDED THAT THE ISSUES RELATED IS TO BE CONTESTED (A) WHERE THE CONSTITUTION VALIDITY OF THE PROVISION O F THE ACT OR (B) RULE IS UNDER CHALLENGE OR (C) WHERE BOARD`S ORDER, NOTIFICATION, INSTRUCTION OR CIRCULAR HAS BEEN HELD TO BE ILLEGAL OR ULTRA VIRES , OR WHERE REVENUE AUDIT OBJECTIONS HAS BEEN ACCEPTED BY THE DEPARTMENT OR (D) WHERE THE ADDITION RELATES TO UNDISCLOSED FOREIGN ASSETS/BANK ACCOUNTS , ETC. 3. WE FIND THAT THE PRESENT CASE DOES NOT FALL WITH IN THE EXCEPTIONS CLAUSE AND THE TAX DEMAND IS LESS THAN RS.20 LACS. THEREFO RE, THE PRESENT APPEAL IS NOT MAINTAINABLE AS PER RECENT CIRCULAR (SUPRA) AND HEN CE THE SAME IS DISMISSED. HOWEVER, WE MAY MAKE IT CLEAR THAT THE REVENUE IS A T LIBERTY TO APPROACH THE TRIBUNAL FOR RECALLING THIS ORDER, IF IT COMES TO T HE NOTICE OF THE ASSESSING OFFICER THAT THE TAX EFFECT IS MORE THAN THE MONETARY LIMIT PRESCRIBED UNDER CIRCULAR OR REVENUE`S CASE FALLS WITHIN THE AMBIT OF THE EXCEPT IONS PROVIDED IN THE CIRCULAR. ASSESSEES CROSS OBJECTION IN C.O NO.11/RJT/2016 : 7. THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ASSESSEE DOES NOT WANT TO PRESS THE CROSS OBJECTION, THEREFORE, T HE SAME IS DISMISSED AS NOT PRESSED. 3 ITA NO.195/RJT/2016 & C.O NO.11/RJT/2016 (A.Y: 2002 -03) M/S. SHRI PETHALJIBHAI N. CHAVDA 8. IN THE RESULT, APPEAL OF THE REVENUE AS WE LL AS CO OF THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS DAY OF 2 9 TH NOVEMBER, 2018 RAJKOT / ; & / DATED : 29 TH NOVEMBER, 2018/ EDN, SR. P.S ! #$ %$ / COPY OF THE ORDER IS FORWARDED TO : 1. * / THE APPELLANT ; 2. +,* / THE RESPONDENT ; 3. . ( ) / THE CONCERNED CIT(A); 4.THE CONCERNED PRL. CIT; 5. / + , , / DR, ITAT, / RAJKOT; 6. / GUARD FILE . // BY ORDER // ASSISTANT REGISTRAR, ITAT, RAJKOT BENCH, RAJKOT SD/- SD/- ( . . /O.P.MEENA) / ACCOUNTANT MEMBER ( . . /C.M.GARG) /JUDICIAL MEMBER