The Asstt. CIT, Circle-7(2), Ahmedabad V. M/s. Shah Industries, Ahmedabad

ITA 1211/AHD/2017

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 0509 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 6 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-11-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2014-2015
• Appeal Filed On: 17-05-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Retrospective amendment; Tax effect

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL, B BENCH, AHMEDABAD BEFORE SHRI WASEEM AHMED, ACCOUNTANT MEMBER AND MS MADHUMITA ROY, JUDICIAL MEMBER ./ ITA NO. 1211 /AHD/2017 / ASSTT. YEAR: 2014 - 2015 A.C.I.T , CIRCLE - 7(2) , AHMEDABAD VS . M/S. SHAH INDUSTRIES , C - 1/270, G.I.D.C. ESTATE , NARODA, AHMEDABAD - 382330 PAN : AAFFS9157H (APPLICANT) (RESPONENT) REVENUE BY : SHRI MUDIT NAGPAL, SR. D.R ASSESSEE BY : NONE / DATE OF HEARING : 26 / 11 / 201 8 / DATE OF PRONOUNCEMENT: 30 / 11 /201 8 / O R D E R PER MS MADHUMITA ROY, JUDICIAL MEMBER : THE INSTANT APPEAL PREFERRED BY THE REVENUE BEFORE US AGAINST THE ORDER DATED 06/03/2017, PASSED BY THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) - 7 , AHMEDABAD, ARISING OUT OF THE ORDER DATED 28/11/2016, PASSED U/S.143(3) OF THE INCOME TAX AC T 1961, (IN SHORT THE ACT ) FRAMED BY THE A.C.I.T CIRCLE - 7(2), AHMEDABAD, FOR THE ASSESSMENT YEAR 2014 - 20 15 . ITA NO. 1211 /AHD/2017 A.Y. 2014 - 2015 2 2. REVENUE HAS RAISED VARIOUS GROUNDS AGAINST ADDITIONS/DISALLOWANCE BY THE LD.CIT(A) AS SET OUT IN THE GROUNDS OF APPEAL. 3. AT THE OUTSET, AFTER GOING THROUGH THE GROUNDS OF APPEAL AND THE IMPUGNED ORDERS OF THE REVENUE AUTHORITIES BELOW, A QUERY WAS RAISED BY THE BENCH AS TO APPLICABILITY AND MAINTAINABILITY OF THE APPEAL FILED BY THE REVENUE IN VIEW OF RECENT CBDT CIRCULAR NO .3/2018 DATED 11.7.2018 RESTRICTING THE FILLING OF THE APPEAL BY THE REVENUE WHERE THE TAX EFFECT IS BELOW RS.20 LAKHS, THE LD. DR DID NOT DISPUTE THE SAME AND SUBMITTED THAT THE ISSUE IS LEFT TO THE TRIBUNAL TO BE DECIDED IN ACCORDANCE WITH LAW. 4. WE FIND THAT THE APPEAL OF THE REVENUE IS PRESENTED ON 17 /0 5 /2017. ON 11/07/2018 THE CBDT HAS ISSUED INSTRUCTIONS BEARING NO. 3 OF 2018 UNDER FILE NO.F.NO.279/MISC.142/2007 - ITJ(PT) PROHIBITING ITS SUBORDINATE AUTHORITIES FROM FILING OF THE APPEAL TO THE TRI BUNAL AGAINST THE ORDER OF THE CIT(A) WHERE THE TAX EFFECT BY VIRTUE OF THE RELIEF GIVEN BY THE CIT(A) IS LESS THAN RS.20 LAKHS. THE INSTRUCTIONS HAVE BEEN MADE APPLICABLE WITH RETROSPECTIVE EFFECT, MEANING THEREBY, THESE INSTRUCTIONS ARE APPLICABLE ON PE NDING APPEALS ALSO. IN THE PRESENT CASE, TAX EFFECT ON THE TOTAL INCOME ASSESSED MINUS THE TAX THAT WOULD HAVE BEEN CHARGEABLE HAD SUCH TOTAL INCOME BEEN REDUCED BY THE AMOUNT OF INCOME IN RESPECT OF THE ISSUE AGAINST WHICH APPEAL IS FILED, IS LESS THAN RS.20 LAKHS. FURTHER, THE CASE OF THE REVENUE DOES NOT FALL WITHIN THE AMBIT OF EXCEPTIONS PROVIDED IN THE CIRCULAR. THUS, KEEPING IN VIEW THE ABOVE CBDT CIRCULAR AND PROVISIONS OF SECTION 268A OF THE INCOME TAX ACT, WE ARE OF THE VIEW THAT THE PRESENT A PPEAL OF THE REVENUE DESERVES TO BE DISMISSED. IT IS ACCORDINGLY DISMISSED. HOWEVER, IT IS OBSERVED THAT IN CASE ON RE - VERIFICATION AT THE END OF THE AO IT COMES TO THE NOTICE THAT THE TAX EFFECT IS MORE OR REVENUE S CASE FALLS WITHIN THE AMBIT OF EXCEPTIONS PROVIDED IN THE CIRCULAR, THEN THE ITA NO. 1211 /AHD/2017 A.Y. 2014 - 2015 3 DEPARTMENT WILL BE AT LIBERTY TO APPRO ACH THE TRIB UNAL FOR RECALL OF THIS ORDER. SUCH APPLICATION SHOULD BE FILED WITHIN THE TIME PERIOD PRESCRIBED IN THE ACT. IN VIEW OF THE ABOVE, THE APPEAL OF THE REVENUE IS DISMISSED DUE TO LOW TAX EFFECT. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE COURT ON 30 /11 /2018 AT AHMEDABAD. - SD - - SD - ( WASSEM AHMED ) ACCOUTANT MEMBER ( MS MADHUMITA ROY ) JUDICIAL MEMBER TRUE CO PY AHMEDABAD; DATED 30 / 11 /201 8 MANISH / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / CONCERNED CIT 4. ( ) / THE CIT(A) 5. , / DR, ITAT, 6. / GUARD FILE . / BY ORDER, / ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD