M/s. Purnima Advertising Agency Pvt. Ltd., Ahmedabad V. The Income Tax Officer, Ward-3(1)(4), Ahmedabad

CO 214/AHD/2016

• Counselvise Citation: [2018] 123 COUNSELVISE.COM (IT) 3748 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 4 month(s) 14 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 10-05-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2009-2010
• Appeal Filed On: 27-12-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: PRANAV N SHAH
• Keywords: Retrospective amendment; Tax effect
• Section: 143(3); 14A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD C BENCH BEFORE: SHRI RAJPAL YADAV, JUDICIAL MEMBER AND SHRI AMARJIT SINGH, ACCOUNTANT MEMBER THE IT O , WARD - 3(1)(4), AHMEDABAD (APPELLANT/RESPONDENT ) VS M/S. PURNIMA ADV. AGENCY P. LTD. 5, SWETA PARK SOCIETY, NR. MENEKBAUG HALL, AMBAWADI, AMEDABAD - 15 PAN: AAACP9266G (RESPONDENT /CROSS OBJECTOR ) REVENUE BY : S H RI PRASOON KABRA , SR. D . R. ASSESSEE BY: SHRI PRANAV N. SHAH DATE OF HEARING : 27 - 04 - 2 018 DATE OF PRONOUNCEMENT : 10 - 05 - 2 018 / OR DER P ER : AMARJIT SINGH, ACCOUNTANT MEMBER : - THIS REVENUE S APPEAL AND ASSESSEE S CROSS OBJECTION FOR A.Y. 2009 - 10 , AR ISE FROM ORDER OF THE CIT(A) - 9 , AHMEDABAD DATED 0 2 - 09 - 2016 , IN PROCEEDINGS UNDER SECTION 143(3) R.W.S. 147 OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT . 2. THE REVEN UE S SOLE SUBSTANTIVE GROUND CHALLENGE S THE LOWER AP PELLATE ORDER DELETING THE ADDITION MADE ON ACCOUNT OF DISALLOW ANCE OF RS . 23,31,799/ - U/S. 14A OF THE ACT. THERE IS NO DISPUTE THAT THE NET TAX EFFECT IN THE I NSTANT APPEAL IS LESS THAN RS. 10 LACS. WE FIND THAT THE CENTRAL BOARD OF DIRECT TAXES; HEREAFTER THE BOARD HAS ISSUED THE CIRCULAR NO. 2 1/2015 DATED 10 - 12 - 2015 I T A NO . 3070 & CO NO. 214 / A HD/20 16 A SSESSMENT YEAR 2009 - 10 I.T.A NO. 3070 & CO NO. 214 /AHD/2016 A.Y. 2009 - 10 PAGE NO ITO VS. PURNIMA ADVERTISING AGENCY 2 CLEARLY ENVISAGING THEREIN THAT DEPARTMENT S PENDING APPEALS BEFORE THE TRIBUNAL/HIGH COURTS ARE TO BE WITHDRAWN/NOT PRESSED AS PER THE ABOVE ST ATED CIRCULAR .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. 3. T HIS REVENUE S APPEAL IS DISMISSED AS HAVING LOW TAX EFFECT. CO NO. 214/AHD/2016 4. SINCE THE APPEAL OF THE REVENUE HAS BEEN DISMISSED ON ACCOUNT OF LOW TAX EFFECT AS SUPRA, THEREFORE, THE CROSS OBJECTION FILED BY THE ASSESSEE ALSO STANDS DISMISSED. 5. IN THE COMBINED RESULT, BOTH THE APPEAL OF THE REVENUE AND CROSS OBJECTION OF THE ASSESSEE ARE DISMISSED. ORDER PR ONOUNCED IN THE OPEN C OURT ON 10 - 05 - 201 8 SD/ - SD/ - ( RAJPAL YADAV ) ( AMARJIT SINGH ) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD : DATED 10 /05 /2018 / COPY OF ORDER FORWARDED TO: - 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER/ , / ,