Income tax Officer, Ward 1(1), Nagpur V. M/s Gondwana Enterprises Pvt.Ltd, Nagpur

ITA 131/NAG/2012

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 3102 (ITAT-NAGPUR)
• Duration Of Justice: 3 year(s) 10 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-02-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2003-2004
• Appeal Filed On: 19-04-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NARENDRA KANE
• Assessee Lawyers: R G GANERIWAL
• Keywords: Retrospective amendment; Tax effect

Judgement Text

1 ITA NO. 131/NAG/2012 C.O.NO. 06/NAG/2012 IN THE INCOME TAX APPELLATE TRIBUNAL, NAGPUR BENCH, NAGPUR BEFORE SHRI MUKUL K. SHRAWAT, JUDICIAL MEMBER AND SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER. ITA NO. 131/NAG/2012 ASSESSMENT YEAR : 2003 - 04. THE INCOME - TAX OFFICER, M/S GONDWANA ENTERPRISES PVT. LTD. WARD - 1(1), NAGPUR. VS. NAGPUR. PAN AABCB2145H APPELLANT. RESPONDENT. C.O. 06/NAG/2012 (ARISING OUT OF ITA NO.131/NAG/2012) ASSESSMEN T YEAR : 2003 - 04. M/S GONDWANA ENTERPRISES P. LTD., THE INCOME - TAX OFFICER NAGPUR. VS. WARD - 1(1), NAGPUR. CROSS OBJECTOR. RESPONDE NT. DEPARTMENT BY : SHRI NARENDRA KANE. ASSESSEE BY : SHRI R.G. GANERIWAL. DATE OF HEARING : 25 - 02 - 2016 DATE OF PRONOUNCEMENT : 26 TH FEB. , 2016. O R D E R PER SHRI MUKUL K. SHRAWAT, J.M. REVENUES APPEAL THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(APPEALS) - I, NAGPUR DATED 1 09 - 01 - 2012. 2. AT THE THRESHOLD IT IS NOTED THAT THE TAX EFFECT IN THIS CASE IS BELOW THE LIMIT FIXED BY THE CBDT FOR FILING APPEALS BEFORE THE INCOME TAX APPELLATE TRIBUNAL VIDE CBDT CIRCULAR NO. 21/2015 DATED 10 - 12 - 2015. IN THE SAID 2 ITA NO. 131/NAG/2012 C.O.NO. 06/NAG/2012 CIRCULAR IT HAS BEEN SPECIFIED THAT THE CIRCULAR WOULD HAVE RETROSPECTIVE EFFECT AND THE REVENUE WOULD NOT PRESS AND WOULD WITHDRAW SUCH APPEALS. THERE ARE CERTAIN EXCEPTIONS MENTIONED IN THE SAID CIRCULAR. LEARNED D.R. COULD NOT POINT OUT THAT ANY OF THESE CASES ATTRACT THE EXCEPTIONS PR OVIDED IN THE SAID CIRCULAR. IN THESE CIRCUMSTANCES, IN THE LIGHT OF THE ABOVE SAID CBDT CIRCULAR, THIS APPEAL IS DISMISSED ON ACCOUNT OF TAX EFFECT IN LIMINE. 3. ASSESSEES CROSS OBJECTION. SINCE REVENUES APPEAL IS DISMISSED IN LIMINE AS ABOVE, THE CR OSS OBJECTION FILED BY THE ASSESSEE ALSO DOES NOT SURVIVE. LEARNED COUNSEL OF THE ASSESSEE HAS FAIRLY ACCEPTED THIS PROPOSITION AND HAS WITHDRAWN THE CROSS OBJECTION. 4. IN THE RESULT, THE CROSS OBJECTION OF THE ASSESSEE STANDS DISMISSED. 5. IN THE RESULT, THIS APPEAL FILED BY THE REVENUE AS WELL AS THE CROSS OBJECTION FILED BY THE ASSESSEE BOTH ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 26 TH DAY OF FEB ., 2016 SD/ - SD/ - ( SHAMIM YAHYA) (MUKUL K. SHRAWAT) ACCOUNTANT MEMBER. JUDICIAL MEMBER NAGPUR, DATED: 26 TH FEB. , 2016. 3 ITA NO. 131/NAG/2012 C.O.NO. 06/NAG/2012 COPY FORWARDED TO : 1. M/S GONDWANA ENTERPRISES PVT. LTD. PLOT NO. 52, SAROJ, RAMDASPETH, NAGPUR. 2. I.T.O., WARD - 1(1), NAGPUR. , 3. COMMISSIONER OF INCOME - TAX - , NAGPUR. 4. CIT(APPEALS) - I, NAGPUR. 5. D.R., ITAT, NAGPUR. 6. GUARD FILE TRUE COPY BY ORDER ASSISTANT REGISTRAR, ITAT, NAGPUR WAKODE.