The DCIT, Circle-2, JAMNAGAR V. Hiravati International P. Ltd., PORBANDAR

ITA 119/RJT/2013

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 2362 (ITAT-RAJKOT)
• Duration Of Justice: 2 year(s) 9 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-01-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2009-2010
• Appeal Filed On: 12-04-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M J CHARANIA
• Assessee Lawyers: ANKIT GOKHANI
• Keywords: Retrospective amendment; Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH , RAJKOT BEFORE: S H RI ANIL CHATURVEDI , ACCOUNTANT MEMBER AND SHR I S. S. GODARA , JUDICIAL MEMBER [CONDUCTED THROUGH E - COURT AT AHMEDABAD] D CIT, CIRCLE - 2 , JAMNAGAR (APPELLANT) VS HIRAVATI INTERNATIONAL PVT. LTD JAWAR NAKA, PORBANDAR PAN: AAACH5374F (RESPONDENT) REVENUE BY : S H RI M.J . CHARANIA, D . R. ASSESSEE BY: S H RI ANKIT GOKHANI , A.R. DATE OF HEARING : 13 - 01 - 2 016 DATE OF PRONOUNCEMENT : 20 - 01 - 2 016 / ORDER P ER : S. S. GODARA , JUDICIAL MEMBER : - THI S REVENUE S APPEAL FOR A.Y. 2009 - 10 , AR ISES FROM ORDER OF THE CIT(A), JAMNAGAR DATED 22 - 01 - 2013 IN APPEAL NO. CIT(A) / JAM/231/11 - 12/538 , IN PROCEEDINGS UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT . I T A NO . 119 / RJT /20 13 A SSESSMENT YEAR 200 9 - 10 I.T.A NO. 119 /RJT /20 13 A.Y. 2009 - 10 PAGE NO D CI T VS. HIRAVATI INTERNATIONAL PVT. LTD. 2 2. BOTH PARTIES INFORM US AT THE OUTSET THAT THE INSTANT APPEAL INVOLVES NE T TAX EFFECT OF LESS THAN RS. 10 LACS SINCE SOLITARY GROUND RAISED SEEKS TO RESTORE SECTION 41(1) ADDITION OF RS. 12,64,369/ - MADE BY THE ASSESSING OFFICER AND DELETED IN THE LOWER APPELLAT E ORDER UNDER CHALLENGE. WE FIND THAT THE CENTRAL BOARD OF DIRECT TAXES; HEREAFTER THE BOARD HAS ISSUED THE CIRCULAR NO. 21/2015 DATED 10 - 12 - 2015 CLEARLY ENVISAGING THEREIN THAT DEPARTMENT S PENDING APPEALS BEFORE THE TRIBUNAL/HIGH COURTS ARE TO BE WI THDRAWN/NOT PRESSED AS PER THE ABOVE STATED 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. THIS REVENUE S APPEAL IS DISMISSED FOR LOW TAX EFFECT. ORDER PR ONOUNCED IN THE OPEN C OURT ON 20 - 01 - 201 6 SD/ - SD/ - (ANIL CHATURVEDI ) ( S. S. GODARA ) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD : DATED 20 /01/2016 AK / COPY OF ORDER FORWARDED TO: - 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. I.T.A NO. 119 /RJT /20 13 A.Y. 2009 - 10 PAGE NO D CI T VS. HIRAVATI INTERNATIONAL PVT. LTD. 3 BY ORDER, ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, RAJKOT