Govindbhai Ambalal Patel (HUF), Ahmedabad V. The Income Tax Officer, Ward-3(3)(2), Ahmedabad

CO 92/AHD/2016

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 1992 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 4 month(s) 15 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 16-11-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2010-2011
• Appeal Filed On: 01-07-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MEHUL PATEL
• Assessee Lawyers: VINOD TALWANI
• Keywords: Retrospective amendment; Tax effect
• Section: 143(3)

Judgement Text

ITA NO. 1157/AHD/2016 & CO NO. 92/AHD/2016 ITO VS. SHRI GOVIND AMBALAL PATEL HUF ASSESSMENT YEAR: 2010-11 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD D BENCH, AHMEDABAD [CORAM: JUSTICE PP BHATT, PRESIDENT AND PRAMOD KUMA R, VICE PRESIDENT] ITA NO. 1157/AHD/2016 & CO NO. 92/AHD/2016 ASSESSMENT YEAR: 2010-11 INCOME-TAX OFFICER ..................APPELL ANT WARD-3(3)(2), AHMEDABAD VS. GOVIND AMBALAL PATEL, HUF ........................RESPONDENT & 7, KAMESHWAR SOCIETY, CROSS-OBJECTOR OPP. SHIVRANJANI SOCIETY, 132 FT RING ROAD, SATELLITE, AHMEDABAD 380 015 [PAN : AADHP 4695 K] APPEARANCES BY: VINOD TALWANI, FOR THE APPELLANT MEHUL PATEL, FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : 31.10.2018 DATE OF PRONOUNCING THE ORDER : 16.11.2018 O R D E R 1. THIS APPEAL BY THE REVENUE AND THE CROSS-OBJECTI ON THEREOF BY THE ASSESSEE ARE DIRECTED AGAINST THE ORDER DATED 29 TH FEBRUARY 2016, PASSED BY THE LEARNED CIT(A)-13, AHMEDABAD IN THE MATTER OF ASSESSMENT UNDER SECTION 143(3) OF THE INCOME-TAX ACT, 1961, FOR THE ASSESSMENT YEAR 2010-11. 2. WHEN THIS APPEAL WAS CALLED OUT FOR HEARING, LEA RNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE PRESENT APPEAL OF THE REVENUE NE EDS TO BE DISMISSED ON ACCOUNT OF LOW TAX EFFECT IN VIEW OF THE CBDT CIRCULAR NO.3 OF 2018 DATED 11.07.2018. LEARNED COUNSEL FOR THE ASSESSEE ALSO SUBMITS THAT IN THE PRESENT CASE THE TAX EFFEC T IS RS.16,76,738/-, AS PER THE WORKING PLACED ON RECORD, WHICH IS BELOW THE PRESCRIBED LIM IT OF RS.20 LACS. THE LEARNED DEPARTMENTAL REPRESENTA TIVE FAIRLY ADMITTED THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN THE LIM IT PRESCRIBED BY THE AFORESAID CBDT CIRCULAR. 3. AS LEARNED COUNSEL RIGHTLY CONTENDS, THIS APPEAL OF THE REVENUE IS NO LONGER MAINTAINABLE IN VIEW OF THE CBDT CIRCULAR NO. 3/201 8 DATED 11 TH JULY, 2018. THE MANDATORY LIMIT FOR CASES IN WHICH REVENUE CAN CHAL LENGE THE RELIEF GRANTED BY THE CIT(A) NOW STANDS ENHANCED TO RS.20 LACS. THIS CON CESSION GRANTED BY THE CENTRAL BOARD OF DIRECT TAXES (CBDT) IS RETROSPECTIVE IN EF FECT INASMUCH AS IT APPLIES TO ALL PENDING APPEALS AS WELL. THAT IS, OF COURSE, A WELC OME-CHANGE FROM THE ERA OF ITA NO. 1157/AHD/2016 & CO NO. 92/AHD/2016 ITO VS. SHRI GOVIND AMBALAL PATEL HUF ASSESSMENT YEAR: 2010-11 PAGE 2 OF 2 RETROSPECTIVE TAXATION TO RETROSPECTIVE RELIEF. IN VIEW OF THE ABOVE POSITION, THE APPEAL OF THE REVENUE IS NO LONGER MAINTAINABLE AND MUST BE D ISMISSED AS SUCH. 4. AS THE APPEAL ITSELF IS NOT MAINTAINABLE, THE CR OSS-OBJECTION FILED BY THE ASSESSEE IS ALSO REQUIRED TO BE DISMISSED AS INFRUC TUOUS. THE LEARNED COUNSEL DOES NOT DISPUTE THIS AND, IN ANY EVENT, DOES NOT PRESS THE CROSS-OBJECTION. 5. IN THE RESULT, THE APPEAL AND CROSS-OBJECTION, B OTH ARE DISMISSED. PRONOUNCED IN THE OPEN COURT TODAY ON THE 16 TH NOVEMBER, 2018 SD/- SD/- JUSTICE P P BHATT PRAMOD KUMAR (PRESIDENT) (VICE PRESIDENT) AHMEDABAD, THE 16 TH DAY OF NOVEMBER, 2018 **BT COPIES TO: (1) THE APPELLANT (2) THE RESPONDENT (3) COMMISSIONER (4) CIT(A) (5) DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER TRUE COPY ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD 1. DATE OF DICTATION: ................LOW TAX EFFE CT COVERED BY CBDT CIRCULAR..02.11.2018.... 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE T HE DICTATING MEMBER: .. 02.11.2018..... 3. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR . P.S./P.S.: 16.11.2018... 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE TH E DICTATING MEMBER FOR PRONOUNCEMENT: .. 16.11.2018. 5. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK : . 16.11.2018. 6. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK : . 7. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER : . 8. DATE OF DESPATCH OF THE ORDER: ......