Shri Hemantkumar Umedbhai Patel, Ahmedabad V. The DCIT, Central Circle-1(1), Ahmedabad

CO 81/AHD/2019

• Counselvise Citation: [2019] 114 COUNSELVISE.COM (IT) 6209 (ITAT-AHMEDABAD)
• Duration Of Justice: 4 month(s) 24 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 19-11-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2014-2015
• Appeal Filed On: 25-06-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: K P SHAH
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, AHMEDABAD BEFORE SHRI WASEEM AHMED, ACCOUNTANT MEMBER & MS. MADHUMITA ROY, JUDICIAL MEMBER I.T.A. NO.1445/AHD/2018 (ASSESSMENT YEAR : 2014-15) DCIT, CENTRAL CIRCLE 1(1), AHMEDABAD 380 009. VS. SHRI HEMANT UMEDBHAI PATEL, 2, PURSHOTTAM BUNGALOWS, NR. SAKAR SCHOOL, NEW CG ROAD, CHANDKHEDA, AHMEDABAD. AND CO NO. 81/AHD/2019 (IN I.T.A. NO. 1445/AHD/2018) (ASSESSMENT YEAR : 2014-15) SHRI HEMANT UMEDBHAI PATEL, 2, PURSHOTTAM BUNGALOWS, NR. SAKAR SCHOOL, NEW CG ROAD, CHANDKHEDA, AHMEDABAD. VS. DCIT, CENTRAL CIRCLE 1(1), AHMEDABAD 380 009. [PAN NO. AIZPP 8146 K] ( APPELLANT ) .. ( RESPONDENT ) APPELLANT BY : SHRI MUKESH JAIN, SR. D.R. RESPONDENT BY : SHRI K. P. SHAH , A.R. DATE OF HEARING 17.10.2019 DATE OF PRONOUNCEMENT 19.11.2019 O R D E R PER MS. MADHUMITA ROY JUDICIAL MEMBER: THE INSTANT APPEAL FILED BY THE REVENUE ALONG WITH A CROSS OBJECTION FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER DATED 16.03. 2018 PASSED BY THE COMMISSIONER OF - 2 - ITA NO.1445/AHD/2018 AND CO NO.81/AHD /2019 DCIT VS. SHRI HEMANT KUMAR UMEDBHAI PATEL ASST.YEAR 2014-15 INCOME TAX (APPEALS) 11, AHMEDABAD ARISING OUT OF THE ORDER DATED 19.12.2016 PASSED BY THE ACIT, CENTRAL CIRCLE 1(1), AHMEDABAD UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED AS TO THE ACT) FO R THE ASSESSMENT YEAR (A.Y.) 2014-15. ITA NO.1445/AHD/2018 FOR A.Y. 2014-15 : 2. AT THE TIME OF HEARING, IT WAS SUBMITTED BY THE LD.AR FOR THE ASSESSEE THAT APPEAL FILED BY THE REVENUE IS HIT BY RECENTLY ISSUED CBDT CIRCULAR NO.17 OF 2019 DATED 08/08/2019 REVISING THE PREVIOUS THRESHOLDS PERTAIN ING TO TAX EFFECTS. IT IS INTER ALIA NOTICED THAT THE CBDT VIDE INSTRUCTION NO. F. NO. 2 79/MISC/M-93/2018-ITJ DT. 20/08/2019 HAS OBSERVED THAT CIRCULAR NO.17/2019 DA TED 08/08/2019 RELATING TO ENHANCEMENT OF MONETARY LIMITS IS ALSO APPLICABLE T O ALL PENDING APPEALS. AS PER AFORESAID CIRCULAR READ WITH INSTRUCTIONS, ALL PEND ING APPEALS FILED BY REVENUE ARE LIABLE TO BE DISMISSED AS A MEASURE FOR REDUCING LITIGATIO N WHERE THE TAX EFFECT DOES NOT EXCEED THE PRESCRIBED MONETARY LIMIT WHICH IS NOW REVISED AT RS.50 LAKHS. IN THE INSTANT CASE, THE TAX EFFECT ON THE DISPUTED ISSUES RAISED BY THE REVENUE IS STATED TO BE NOT EXCEEDING RS.50 LAKHS AND THEREFORE APPEAL OF THE REVENUE IS REQUIRED TO BE DISMISSED IN LIMINE. 3. THE LEARNED DR FOR THE REVENUE FAIRLY ADMITTED T HE APPLICABILITY OF THE CBDT CIRCULAR NO. 17 OF 2019. ACCORDINGLY, APPEAL OF THE REVENUE IS DISMISSED AS NOT MAINTAINABLE. HOWEVER, IT WILL BE OPEN TO THE REVE NUE TO SEEK RESTORATION OF ITS APPEAL ON SHOWING INAPPLICABILITY OF THE AFORESAID CBDT CI RCULAR IN ANY MANNER. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. - 3 - ITA NO.1445/AHD/2018 AND CO NO.81/AHD /2019 DCIT VS. SHRI HEMANT KUMAR UMEDBHAI PATEL ASST.YEAR 2014-15 CO NO.81/AHD/2019 (IN ITA NO.1445/AHD/2018) FOR A.Y . 2014-15 : 5. AT THE TIME OF HEARING OF THE MATTER, THE LEARNE D COUNSEL FOR THE ASSESSEE SUBMITTED BEFORE US THAT HE IS NOT PRESSING THE CO. HENCE, CO IS DISMISSED AS NOT PRESSED. 6. IN THE COMBINED RESULT, REVENUES APPEAL IS DISM ISSED AND ASSESSEES CROSS OBJECTION IS DISMISSED AS NOT PRESSED. THIS ORDER PRONOUNCED IN OPEN COURT ON 19/11/2019 SD/- SD/- ( WASEEM AHMED ) ( MS. MADHUMITA ROY ) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD; DATED 19 /11/2019 TANMAY, SR.PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / CONCERNED CIT 4. ) ( / THE CIT(A)-11, AHMEDABAD. 5. , '#$$ / DR, ITAT, AHMEDABAD 6. %& '( / GUARD FILE. / BY ORDER, //TRUE COPY/ / / (DY./ASSTT. REGISTRAR) !'# / ITAT, AHMEDABAD