Shri Vijay Rajnikant Jariwala, Ahmedabad V. The Income Tax Officer, Ward-10(4), Ahmedabad

CO 32/AHD/2014

• Counselvise Citation: [2015] 123 COUNSELVISE.COM (IT) 1582 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 10 month(s) 21 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 29-12-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 14-12-2015
• Assessment Year: 2009-2010
• Appeal Filed On: 07-02-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: DILEEP KUMAR SRDR
• Keywords: Audit objection; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, AHMEDABAD BEFORE SHRI SHAILENDRA KUMAR YADAV, JUDICIAL MEMBER ./ ITA NO. 2041/AHD/2013 & CO NO.32/AHD/2014 / ASSESSMENT YEAR: 2009-10 INCOME TAX OFFICER, WARD-10 (4), AHMEDABAD .. APPELLANT VS VIJAY RAJNIKANT JARIWALA, 702, SHIKHAR COMPLEX, NAVRANGPURA, AHMEDABAD .. RESPONDENT & PAN : AAWPJ 4516 G CROSS-OBJECTOR REVENUE BY : SHRI DILEEP KUMAR, SR-DR ASSESSEE(S) BY : SHRI DHIREN SHAH, AR / DATE OF HEARING 14 /12/2015 /DATE OF PRONOUNCEMENT 29 / 12 /201 5 / O R D E R THIS APPEAL FILED BY THE REVENUE AND THE CROSS-OBJE CTION THEREOF FILED BY THE ASSESSEE ARE DIRECTED AGAINST ORD ER OF THE COMMISSIONER OF INCOME-TAX (APPEALS)-XVI, AHMEDABAD DATED 22.05.2013 PASSED FOR ASSESSMENT YEAR 2009-10. 2. AT THE OUTSET, THE LEARNED COUNSEL FOR THE ASSESSEE CO NTENDED THAT AS PER THE RECENT CENTRAL BOARD OF DIRECT TAXES CIRC ULAR NO. 21/2015 IN F.NO.279/MISC. 142/2007-ITJ (PT) DATED 10 TH DECEMBER 2015, THE REVISED LIMIT FOR PREFERRING REVENUE'S APPE ALS BEFORE ITAT IS RS.10,00,000/-. THE LEARNED COUNSEL FOR THE ASSE SSEE POINTED OUT THAT THE TAX EFFECT IN THE PRESENT REVENUE'S APPEAL IS BE LOW THE PRESCRIBED LIMIT OF RS.10,00,000/-; THEREFORE, THE RE VENUE'S APPEAL MAY BE DISMISSED AS THE TAX EFFECT BEING BELOW THE PRES CRIBED LIMIT. 3. THE LD. DEPARTMENTAL REPRESENTATIVE COULD NOT CONTROVE RT THE AFORESAID SUBMISSIONS OF THE LD. COUNSEL FOR THE ASSE SSEE. ITA NO. 2041 /AHD/2013 & CO 32/AHD/2014 ITO VS. VIJAY RAJNIKANT JARIWALA AY 2009-2010 2 4. I HAVE HEARD BOTH THE SIDES AND PERUSED THE MATERIA L PLACED BEFORE ME. I FIND THAT PRIMA-FACIE THIS APPEAL OF THE REVENUE IS NOT MAINTAINABLE IN VIEW OF CBDT CIRCULAR NO. 21/2015 IN F.NO.279/MISC. 142/2007-ITJ (PT) DATED 10 TH DECEMBER 2015, VIDE WHICH IT HAS BEEN PROVIDED THAT IF THE TAX EFFECT BY VIR TUE OF THE COMMISSIONER OF INCOME-TAX (APPEALS)S ORDER IS BELO W RS.10,00,000/-, THEN THAT ORDER WOULD NOT BE CHALLENGED BEFORE THE TRIBUNAL IN FURTHER APPEAL. THE BOARD HAS PROVIDED EXEMPTIONS AT CLAUSE (8) OF THE INSTRUCTIONS WHEREIN IT HAS BEEN PRO VIDED THAT THESE INSTRUCTIONS WILL NOT BE APPLICABLE, IF VIRES OF ANY PROVISIONS HAS BEEN QUASHED BY IMPUGNED ORDER OR ADDITION WAS MADE ON SO ME AUDIT OBJECTIONS OR THE ADDITION RELATES TO UNDISCLOSED FOREI GN ASSETS/BANK ACCOUNTS, ETC. I FIND THAT THE PRESENT CASE DOES NOT FALL WITHIN THE EXEMPTION CLAUSE AND THE TAX IS LESS THAN RS.10,00,000/ -. THEREFORE, THE PRESENT APPEAL IS NOT MAINTAINABLE AND H ENCE DISMISSED. 5. AS THE APPEAL FILED BY THE REVENUE ITSELF IS FOUN D TO BE NON- MAINTAINABLE AND AS THE CROSS OBJECTION ARISES ONLY AS A RESULT OF THIS APPEAL, THE CROSS OBJECTION FILED BY THE ASSESSEE IS ALSO DISMISSED AS INFRUCTUOUS. IN THE RESULT, THE APPEAL O F THE REVENUE AND THE CROSS-OBJECTION OF THE ASSESSEE, BOTH ARE DISMI SSED. ORDER PRONOUNCED IN THE COURT ON 29TH DECEMBER, 201 5 AT AHMEDABAD. SD/- ( SHAILENDRA KUMAR YADAV ) JUDICIAL MEMBER AHMEDABAD; DATED 29/12/2015 BIJU T., PS ITA NO. 2041 /AHD/2013 & CO 32/AHD/2014 ITO VS. VIJAY RAJNIKANT JARIWALA AY 2009-2010 3 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ! ' ' # / CONCERNED CIT 4. ' ' # ( ) / THE CIT(A) 5. &'( ! , ' ! , / DR, ITAT, AHMEDABAD 6. (- . / GUARD FILE. / BY ORDER, TRUE COPY / ( DY./ASSTT.REGISTRAR) !', / ITAT, AHMEDABAD