The ITO, (Exemptions), Ward-2, Ahmedabad V. The Gujarat Institute of Housing & Estate Developers, Ahmedabad

ITA 1023/AHD/2017

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 2060 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 7 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-12-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 19-11-2019
• Assessment Year: 2012-2013
• Appeal Filed On: 27-04-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: LAXAN SINGH GURJAR
• Keywords: Tax effect; Set aside
• Section: 143(3)

Judgement Text

, D IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, AHMEDABAD BEFORE SHRI AMARJIT SINGH, ACCOUNTANT MEMBER & MS. MADHUMITA ROY, JUDICIAL MEMBER ./I.T.A. NO. 1023/AHD/2017 ( / ASSESSMENT YEAR: 2012-13) ITO(EXEMP.) WARD-2, AHMEDABAD / VS. THE GUJARAT INSTITUTE OF HOUSING & ESTATE DEVELOPERS BHAVAN SITE OFFICE, GIHED LANE, NEAR MAPLE COUNTY, B/H. ORNET PARK, PAKWAN SINDHU BHAVAN ROAD, SHILAJ, AHMEDABAD ./ ./PAN/GIR NO. : AAC CT8 104 H ( /APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI LAXAN SINGH GURJAR, SR. DR / RESPONDENT BY: MS. URVASHI SODHAN, AR !' /DATE OF HEARING 19/11/2019 #$!' / DATE OF PRONOUNCEMENT 06/12/2019 %& /O R D E R PER MS. MADHUMITA ROY - JM: THE APPEAL FILED BY THE REVENUE FOR A.Y. 2012-13, A RISE FROM ORDER OF THE CIT(A)-9, AHMEDABAD DATED 07.02.2017, IN PROCEEDINGS UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT. 2. THE GROUND OF APPEAL RAISED BY THE REVENUE READS AS UNDER:- I. WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES I S THE LD. CIT(A) JUSTIFIED IN ALLOWING THE APPEAL OF THE ASSESSEE BY ALLOWING THE DOCTRINE OF MUTUALITY AND IN DIRECTING THE A.O. TO GRANT EXEMPT ION OF ASSOCIATION ON THE DOCTRINE OF THE MUTUALITY. ITA NO. 1023/AHD/2017 [ITO VS. THE GUJARAT INSTITU TE OF HOUSING & ESTATE DEVELOPERS] A.Y. 2012-13 2 II. ON THE FACTS AND CIRCUMSTANCES OF THE CASE, THE LD. COMMISSIONER OF INCOME-TAX (APPEAL) OUGHT TO HAVE UPHELD THE ORDER OF THE ASSESSING OFFICER. III. IT IS, THEREFORE, PRAYED THAT THE ORDER OF THE LD. COMMISSIONER OF INCOME-TAX (APPEAL) MAY BE SET ASIDE AND THAT OF TH E ASSESSING OFFICER BE RESTORED. 3. 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 REVISI NG THE PREVIOUS THRESHOLDS PERTAINING TO TAX EFFECTS. AS PER AFORE SAID CIRCULAR, ALL PENDING APPEALS FILED BY REVENUE ARE LIABLE TO BE D ISMISSED AS A MEASURE FOR REDUCING LITIGATION WHERE THE TAX EFFEC T 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 A ND THEREFORE APPEAL OF THE REVENUE IS REQUIRED TO BE DISMISSED IN LIMINE . 4. 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 MAINTAINA BLE. HOWEVER, IT WILL BE OPEN TO THE REVENUE TO SEEK RESTORATION OF ITS APPEAL ON SHOWING INAPPLICABILITY OF THE AFORESAID CBDT CIRCU LAR IN ANY MANNER. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. SD/- SD/- (AMARJIT SINGH) (MADHUMITA ROY) ACCOUNTANT MEMBER JUDICI AL MEMBER AHMEDABAD: DATED 06/12/2019 TANMAY TRUE COPY TRUE COPY THIS ORDER PRONOUNCED IN OPEN COURT ON 06/12/2019 ITA NO. 1023/AHD/2017 [ITO VS. THE GUJARAT INSTITU TE OF HOUSING & ESTATE DEVELOPERS] A.Y. 2012-13 3 / COPY OF ORDER FORWARDED TO:- 1. / REVENUE 2. % / ASSESSEE 3. '( ! )! / CONCERNED CIT 4. )! - / CIT (A) 5. *+, ! ( , ' ( , -.%'% / DR, ITAT, AHMEDABAD 6. ,/ 0 / GUARD FILE. BY ORDER / %& , 1 / - ' ( , -.%'% 2 1.DATE OF DICTATION ON 06.12.2019 (LOW TAX EFFECT FORMAT) 2.DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE TH E DICTATING MEMBER 06.12.2019 3.DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. P.S./P.S. .12.2019 4.DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT .12.2019 5.DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR .P.S./P.S .12.2019 6.DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 09.12.2019 7.DATE ON WHICH THE FILE GOES TO THE HEAD CLERK . 8.THE DATE ON WHICH THE FILE GOES TO THE ASSTT. REG ISTRAR FOR SIGNATURE ON THE ORDER 9.DATE OF DESPATCH OF THE ORDER