The DCIT, Circle-1, Ahmedabad V. M/s. Asian MIlls Pvt. Ltd., Ahmedabad

ITA 1321/AHD/2015

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 8640 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 3 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-09-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 14-05-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, AHMEDABAD , , BEFORE SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER & SHRI MAHAVIR PRASAD, JUDICIAL MEMBER ./ I.T.A. NO.1321/AHD/2015 ( / ASSESSMENT YEAR : 2008-09 THE DCIT CIRCLE-1(1)(1) AHMEDABAD / VS. M/S.ASIAN MILLS PVT.LTD. 104, SARKAR III, OPP. OLD HIGH COURT AHMEDABAD-380 014 # ./ ./ PAN/GIR NO. : AABCA 8236 G ( #& / APPELLANT ) .. ( '#& / RESPONDENT ) #&( / APPELLANT BY : SHRI DINESH SINGH, SR.DR '#& )( / RESPONDENT BY : -NONE- *+ ), / DATE OF HEARING 06/09/2017 -./0 ), / DATE OF PRONOUNCEMENT 08 / 09 /2017 / O R D E R PER PRADIP KUMAR KEDIA - AM: THE CAPTIONED APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX(APPEALS)-1, AHMED ABAD [CIT(A) IN SHORT] DATED 17/02/2015 FOR THE ASSESSMENT YEAR (AY) 2008-09. 2. THE GROUNDS OF APPEAL RAISED BY THE REVENUE READ AS UNDER:- ITA NO.1321/AHD /2015 DCIT VS. M/S.ASIAN MILLS PVT.LTD. ASST.YEAR 2008-09 - 2 - (1) THE CIT(A) HAS ERRED IN LAW AND ON FACTS BY DELETI NG THE PENALTY U/S.271(1)(C) TO THE EXTENT OF RS.5,72,010/- DESPIT E THE FACT THAT THE CORRESPONDING QUANTUM ADDITION WAS ALREADY CONFIRME D BY THE CIT(A). (2) THE CIT(A) HAS NOT APPRECIATED THE FACT THAT THE AS SESSEE HAD FURNISHED INACCURATE PARTICULARS OF INCOME IN ITS R ETURN OF INCOME WHICH IS LIABLE TO LEVY OF PENALTY U/S.271(1)(C) OF THE ACT. 3. NONE APPEARED ON BEHALF OF THE ASSESSEE. HOW EVER, A LETTER DATED 04/09/2017 WAS FILED ON BEHALF OF THE ASSESSEE TO P OINT OUT THAT APPEAL OF REVENUE IS LIABLE TO BE DISMISSED DUE TO LOW TAX EF FECT. 4. WE FIND THAT THE APPEAL FILED BY THE REVENUE IS HIT BY CBDT CIRCULAR NO.21 OF 2015 DATED 10/12/2015. AS PER AFORESAID C IRCULAR, ALL PENDING APPEALS FILED BY REVENUE ARE LIABLE TO BE DISMISSED AS A MEASURE FOR REDUCING LITIGATION WHERE THE TAX EFFECT DOES NOT E XCEED THE PRESCRIBED MONETARY LIMIT OF RS.10 LAKHS. IN THE INSTANT CAS E, THE TAX EFFECT ON THE DISPUTED ISSUE RAISED BY THE REVENUE IS STATED TO B E LESS RS.10 LAKHS AND THEREFORE APPEAL OF THE REVENUE IS REQUIRED TO BE D ISMISSED IN LIMINE . 5. THE LD.DR FOR THE REVENUE FAIRLY ADMITTED THE AP PLICABILITY OF THE CBDT CIRCULAR NO.21 OF 2015. ACCORDINGLY, APPEAL OF THE REVENUE IS DISMISSED AS NOT MAINTAINABLE. HOWEVER, IT WILL BE OPEN TO THE REVENUE TO SEEK RESTORATION OF ITS APPEAL ON SHOWING INAPPL ICABILITY OF THE AFORESAID CBDT CIRCULAR IN ANY MANNER. ITA NO.1321/AHD /2015 DCIT VS. M/S.ASIAN MILLS PVT.LTD. ASST.YEAR 2008-09 - 3 - 6. IN THE RESULT, THE APPEAL OF THE REVENUE IS DI SMISSED. THIS ORDER PRONOUNCED IN OPEN COURT ON 08 / 0 9 /201 7 SD/- SD/- ( ) ( ) ( MAHAVIR PRASAD ) ( PRADIP KUMAR KEDIA ) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD; DATED 08/ 09 /2017 4..*,.*../ T.C. NAIR, SR. PS !'#$#! / COPY OF THE ORDER FORWARDED TO : 1. #& / THE APPELLANT 2. '#& / THE RESPONDENT. 3. 567, 8, / CONCERNED CIT 4. 8, ( ) / THE CIT(A)-1, AHMEDABAD 5. 9:;,*67 , 67 0 , 5 / DR, ITAT, AHMEDABAD 6. ;<+ / GUARD FILE. / BY ORDER, '9,, //TRUE COPY// / ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD 1. DATE OF DICTATION .. 6.9.17 (LOW TAX EFFECT COV ERED CASE) 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 6.9.17 3. OTHER MEMBER 4. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P. S./P.S.. 5. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 6. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P .S./P.S.8.9.17 7. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 8.9.17 8. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK ... 9. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER.. 10. DATE OF DESPATCH OF THE ORDER