M/s. Rasna Pvt. Ltd., Ahmedabad V. The ACIT,Circle-5, Ahmedabad

CO 175/AHD/2015

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 6605 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 3 month(s) 28 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 22-01-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2007-2008
• Appeal Filed On: 24-09-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: LALIT P JAIN
• Assessee Lawyers: PF JAIN
• Keywords: Tax effect

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL, C BENCH, AHMEDABAD BEFORE SHRI RAJPAL YADAV, JUDICIAL MEMBER AND SHRI AMARJIT SINGH, ACCOUNTANT MEMBER ITA NO.2396/AHD/2015 WITH CO NO.175/AHD/2015 / ASSTT. YEAR: 2007-08 ACIT, CIR.5 AHMEDABAD. VS. RASNA PVT LTD. RASNA HOUSE, OPP: SEARS TOWER PANCHVATI, AHMEDABAD 380006. ( APPLICANT ) ( RESPONENT ) REVENUE BY : SHRI LALIT P. JAIN, SR.DR ASSESSEE BY : SHRI P.F. JAIN, AR / DATE OF HEARING : 22/01/2019 / DATE OF PRONOUNCEMENT: 22/01/2019 +,/ O R D E R PER RAJPAL YADAV, JUDICIAL MEMBER: REVENUE IS IN APPEAL BEFORE THE TRIBUNAL AGAINST OR DER OF LD.CIT(A)-9, AHMEDABAD DATED 19.5.2015 PASSED FOR THE ASSTT.YEAR 2007-08. ON RECEIPT OF NOTICE ON THE REVENUES APPEAL, THE ASSESSEE HAS FILED CROSS OBJECTION BEARING NO.CO NO.175/AHD/2015. 2. ONLY GROUND RAISED IN THE APPEAL OF THE REVENUE IS THAT THE LD.CIT(A) HAS IN QUASHING THE ORDER PASSED UNDER SECTION 143( 3) R.W.S. 147 OF THE INCOME TAX ACT. 3. THE LD. COUNSEL FOR THE ASSESSEE AT THE OUTSET S UBMITTED THAT THE APPEAL OF THE REVENUE DESERVES TO BE DISMISSED ON ACCOUNT OF LOW TAX EFFECT INVOLVED ITA NO.2396/AHD/2015 WITH CO 2 IN IT. HE SUBMITTED THAT THE TAX EFFECT ON THE ASS ESSED INCOME OF RS.43,64,582/- IS BELOW RS.20 LAKHS, AND THEREFORE, BY VIRTUE OF THE CBDT INSTRUCTION BEARING NO.3 OF 2018 DATED 11.08.2018, THE REVENUE IS PROHIBITED FROM FILING APPEAL BEFORE THE TRIBUNAL THEREFORE, T HE PRESENT APPEAL IS NOT MAINTAINABLE AT THE THRESHOLD. THE LD.DR HAS NOT D ISPUTED APPLICABILITY OF ABOVE CIRCULAR CITED BY THE LD.COUNSEL FOR THE ASSE SSEE, HAS NOT POINTED OUT WHETHER THE CASE OF THE REVENUE FALL WITHIN THE AMB IT OF EXCEPTIONS PROVIDED IN THE CIRCULAR OR NOT. THUS, KEEPING IN VIEW THE ABOVE CBDT CIRCULAR, WHICH IS APPLICABLE TO PENDING APPEALS ALSO, AND PROVISIO NS OF SECTION 268A OF THE INCOME TAX ACT, WE ARE OF THE VIEW THAT THE APPEAL OF THE REVENUE DESERVES TO BE DISMISSED. IT IS ACCORDINGLY DISMISSED. HOWEVER, IT IS OBSERVED THAT IN CASE ON RE-VERIFICA TION AT THE END OF THE AO IT COMES TO THE NOTICE THAT THE TAX EFFECT IS MO RE OR REVENUES CASE FALLS WITHIN THE AMBIT OF EXCEPTIONS PROVIDED IN THE CIRC ULAR, THEN THE DEPARTMENT WILL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR REC ALL OF THIS ORDER. SUCH APPLICATION SHOULD BE FILED WITHIN THE TIME PERIOD PRESCRIBED IN THE ACT. 4. AS FAR AS CO FILED BY THE ASSESSEE IS CONCERNED, THE SAME IS MERELY IN SUPPORT OF THE ORDER OF THE LD.CIT(A) AND HENCE NOT SUSTAINABLE FOR ADJUDICATION. IT STANDS DISMISSED. 5. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSE D DUE TO LOW TAX EFFECT. CO OF THE REVENUE IS ALSO DISMISSED. ORDER PRONOUNCED IN THE COURT ON 22 ND JANUARY, 2019 AT AHMEDABAD. S D / - (AMARJIT SINGH) ACCOUNTANT MEMBER S D / - (RAJPAL YADAV) JUDICIAL MEMBER AHMEDABAD; DATED 22/01/2019