The DCIT, Circle-4(1)(1), Ahmedabad V. Sambhav Media Ltd., Ahmedabad

ITA 124/AHD/2015

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 7951 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 11 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-12-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2011-2012
• Appeal Filed On: 12-01-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: ANKIT TALSANIA
• Keywords: Retrospective amendment; Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD C BENCH BEFORE: SHRI S.S.GODARA , JUDICIAL MEMBER AND SHRI AMARJIT SINGH, ACCOUNTANT MEMBER THE D CIT, CIRCLE - 4(1)(1), AHMEDABAD (APPELLANT) VS SAMBHAAV MEDIA LTD , SAMBHAAV HOUSE, OPP. JUDGES BUNGLOWS, PREMCHAND NAGAR ROAD, VASTRAPUR, AHMEDABAD PAN: AABCP1464F (RESPONDENT) REVENUE BY : S H RI SUMIT KUMAR VERM A , SR. D . R. ASSESSEE BY: SHRI ANKIT TALS ANIA, A.R. DATE OF HEARING : 20 - 12 - 2 017 DATE OF PRONOUNCEMENT : 22 - 12 - 2 017 / ORDER P ER : AMARJIT SINGH, ACCOU NTANT MEMBER : - THIS REVENUE S APPEAL FOR A.Y. 20 11 - 12 , AR ISES FROM ORDER OF THE CIT(A) - XIV , AHMEDABAD DATED 2 8 - 10 - 2014 , IN PROCEEDINGS UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT . 2. THE REVEN UE S SOLE SUBSTANTIVE GROUND CHA LLENGE S THE LOWER AP PELLATE ORDER DELETING THE ADDITION OF RS. 15,24,468/ - MADE U/S. I T A NO . 124 / A HD/20 15 A SSE SSMENT YEAR 2011 - 12 I.T.A NO. 124/AHD/2015 A.Y. 20 11 - 12 PAGE NO DCIT VS. SAMBHAAV MEDIA LTD. 2 36(1)(III) . THERE IS NO DISPUTE THAT THE NET TAX EFFECT IN THE INSTANT APPEAL IS LESS THAN RS. 10 LACS. WE FIND THAT THE CENTRAL BOARD OF DIRECT TAXES; HEREAFTER THE BOARD HAS ISSUED THE CIRCULAR NO. 2 1/2015 DATED 10 - 12 - 2015 CLEARLY ENVISAGING THEREIN THAT DEPARTMENT S PENDING APPEALS BEFORE THE TRIBUNAL/HIGH COURTS ARE TO BE WITHDRAWN/NOT PRESSED AS PER THE ABOVE ST ATED CIRCULAR . THE SAME HAS BEEN DECLARED TO BE HAV ING 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 AS HAVING LOW TAX EFFECT. ORDER PR ONOUNCED IN THE OPEN C OURT ON 22 - 12 - 2017 SD/ - SD/ - ( S.S. GODARA ) ( AMARJIT SINGH ) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD : DATED 22 /12 /2017 / COPY OF ORDER FORWARDED TO: - 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER/ , / ,