Shri Navinbhai Himmatlal Shah, Surat V. The Income Tax Officer, Ward-1(3)(3), Surat

ITA 134/SRT/2017

• Counselvise Citation: [2018] 118 COUNSELVISE.COM (IT) 2235 (ITAT-SURAT)
• Duration Of Justice: 11 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-09-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2008-2009
• Appeal Filed On: 21-09-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: PRASENJEET SINGH
• Assessee Lawyers: MEHUL R SHAH
• Keywords: Audit objection; Tax effect

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL, SURAT BENCH, SURAT , , BEFORE SHRI C.M.GARG, JUDICIAL MEMBER AND SHRI O.P.MEENA, ACCOUNTANT MEMBER . / ITA NOS.132 TO 136/AHD/2017/SRT / ASSESSMENT YEARS: 2009-10, 2010-11, 2012-13 TO 2 014-15 DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, SURAT. VS. SHRI GAURANGBHAI P. UPADHYAY, 601, PRATISHTHAN COMPLEX, BEHIND RAM CHOWK, GHOD DOD ROAD, SURAT 395007. [PAN: AADPU 5330N] ( / APPELLANT) ( !' /RESPONDENT) / ASSESSEE BY : SHRI MEHUL R. SHAH, C.A /REVENUE BY : SHRI PRASENJEET SINGH, CIT-D.R /DATE OF HEARING : 06-09-2018 / DATE OF PRONOUNCEMENT : 06-09-2018 / ORDER PER C.M. GARG, J.M: THESE FIVE APPEALS HAVE BEEN FILED BY THE REVENUE A GAINST THE COMMON ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)-4, SU RAT (CIT(A) FOR SHORT) DATED 20.12.2016 FOR THE ASSESSMENT YEARS (A.YS) 20 09-10, 2010-11, 2012-13 TO 2014-15. 2. WE HAVE HEARD THE LD. DEPARTMENTAL REPRESENTATIV E (DR) AND PERUSED THE MATERIAL AVAILABLE ON RECORD AND FIND THAT TAX EFFE CT INVOLVED IN THESE APPEALS ARE BELOW RS. 20 LAKHS. THE LD. DR ALSO DID NOT DISPUTE THIS FACT. WE FIND THAT THE CBDT VIDE CIRCULAR NO.3/2018 DATED 11.07.2018 [F.NO .279/MISC.142/2007-ITJ (PT)] HAS REVISED THE MONETARY LIMIT FOR FILING OF APPEALS BEFORE TRIBUNAL FIXING THE TAX EFFECT LIMIT AT RS.20 LACS. THE SAID CIRCULAR S UPERSEDES THE EARLIER CIRCULAR(S) 2 ITA NOS.132 TO 136/AHD/2017/SRT (A.YS: 2009-10, 201 0-11, 2012-13 TO 2014-15) SHRI GAURANGBHAI P. UPADHYAY ISSUED ON THE SUBJECT OF TAX EFFECT AND APPLIES TO ALL PENDING APPEAL RETROSPECTIVELY. THE BOARD HAS PROVIDED EXCEPTIONS PROVIDED UNDER PA RA 10 OF THE CIRCULAR WHEREIN IT HAS BEEN PROVIDED THAT THE ISSUES RELATED IS TO BE CONTESTED (A) WHERE THE CONSTITUTION VALIDITY OF THE PROVISION O F THE ACT OR (B) RULE IS UNDER CHALLENGE OR (C) WHERE BOARD`S ORDER, NOTIFICATION, INSTRUCTION OR CIRCULAR HAS BEEN HELD TO BE ILLEGAL OR ULTRA VIRES , OR WHERE REVENUE AUDIT OBJECTIONS HAS BEEN ACCEPTED BY THE DEPARTMENT OR (D) WHERE THE ADDITION RELATES TO UNDISCLOSED FOREIGN ASSETS/BANK ACCOUNTS , ETC. 3. WE FIND THAT THE PRESENT CASE DOES NOT FALL WITH IN THE EXCEPTIONS CLAUSE AND THE TAX DEMAND IS LESS THAN RS.20 LACS. THEREFO RE, THE PRESENT APPEALS ARE NOT MAINTAINABLE AS PER RECENT CIRCULAR (SUPRA) AND HENCE THE SAME ARE DISMISSED. HOWEVER, WE MAY MAKE IT CLEAR THAT THE R EVENUE IS AT LIBERTY TO APPROACH THE TRIBUNAL FOR RECALLING THIS ORDER, IF IT COMES TO THE NOTICE OF THE ASSESSING OFFICER THAT THE TAX EFFECT IS MORE THAN THE MONETARY LIMIT PRESCRIBED UNDER CIRCULAR OR REVENUE`S CASE FALLS WITHIN THE A MBIT OF THE EXCEPTIONS PROVIDED IN THE CIRCULAR. 4. IN THE RESULT, ALL THE FIVE APPEALS OF THE REVENUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS DAY OF 0 6 TH SEPTEMBER, 2018. SD/- SD/- ( ) (O.P.MEENA), /ACCOUNTANT MEMBER ( ) (C.M.GARG) / JUDICIAL MEMBER / SURAT; DATED : 06 TH SEPTEMBER, 2018 / EDN ! $ / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. # ( ) / THE CONCERNED CIT(A); 4. THE CONCERNED PRL. CIT; 5. , , / DR, ITAT, SURAT; 6. / GUARD FILE.