The Income Tax Officer, Ward-1, GANDHIDHAM V. Shri Manoj Ramjivan, GANDHIDHAM

ITA 136/RJT/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 4275 (ITAT-RAJKOT)
• Duration Of Justice: 1 year(s) 3 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 27-04-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: DARSHIT RANPURA
• Keywords: Tax effect
• Section: 143(3); 153A; 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH, RAJKOT BEFORE SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER & SHRI MAHAVIR PRASAD, JUDICIAL MEMEBR ./ I.T.A. NO. 136/RJT/2017 ( ASSESSMENT YEAR : 2011-12) INCOME TAX OFFICER, WARD-1, GANDHIDHAM / VS. SHRI MANOJ RAMJIVAN PODDAR, PLOT NO.62-63, SECTOR-1, GANDHIDHAM(KUTCH) - 370201 ./ ./ PAN/GIR NO. : ACMPP9787D ( APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI JITENDER KUMAR, CIT. D.R. / RESPONDENT BY : SHRI DARSHIT RANPURA, A.R. DATE OF HEARING 18/07/2018 !'# / DATE OF PRONOUNCEMENT 02/08/2018 / O R D E R PER PRADIP KUMAR KEDIA - AM: THE CAPTIONED APPEAL HAS BEEN FILED AT THE INSTANCE OF THE REVENUE AGAINST THE ORDER OF THE CIT(A)-11, AHMEDAB AD (CIT(A) IN SHORT), DATED 30.01.2017 ARISING IN TH E ASSESSMENT ORDER DATED 10.03.2015 PASSED BY THE ASSESSING OFFI CER (AO) ITA NO. 136/RJT/17 [ITO VS. SHRI MANOJ R. PODDAR] A.Y. 2011-12 - 2 - UNDER S. 143(3) R.W.S. 153A OF THE INCOME TAX ACT, 1961 (THE ACT) CONCERNING AY 2011-12. 2. THE GROUNDS OF APPEAL RAISED BY THE REVENUE REA DS AS UNDER:- 1. THE LD. CIT(A) ERRED IN LAW AND ON FACTS IN D ELETING THE PENALTY OF RS.10,60,194/-, LEVIED BY A.O. U/S.271(1)(C) OF THE ACT FOR CONCEALMENT OF INCOME BY THE ASSESSEE. 2. THE LD. CIT(A) HAS ERRED IN LAW AND ON FACTS I N DELETING THE PENALTY LEVIED BY A.O. U/S.271(1)(C) AS BAD IN LAW AND NOT CONSIDE RING THE SECTION 292B OF THE IT ACT, WHICH SAYS THAT, NO RETURN OF INCOME, ASSESSMENT, NOTICE, SUMMONS OR OTHER PROCEEDING, FURNISHED OR MADE OR ISSUED OR TAKEN OR PURPORTED TO HAVE BEEN FURNISHED OR MADE OR ISSUED OR TAKEN IN PURSUA NCE OF ANY OF THE PROVISIONS OF THIS ACT SHALL BE INVALID OR SHALL BE DEEMED TO BE INVALID MERELY BY REASON OF ANY MISTAKE, DEFECT OR OMISSION IN SUCH RETURN OF INCOM E, ASSESSMENT, NOTICE, SUMMONS OR OTHER PROCEEDING IF SUCH RETURN OF INCOME, ASSES SMENT, NOTICE, SUMMONS OR OTHER PROCEEDING IS IN SUBSTANCE AND EFFECT IN CONF ORMITY WITH OR ACCORDING TO THE INTENT AND PURPOSE OF THIS ACT. 3. AT THE TIME OF HEARING, IT WAS SUBMITTED BY THE LD.AR FOR THE ASSESSEE THAT THE APPEAL FILED BY THE REVENUE I S HIT BY RECENTLY ISSUED CBDT CIRCULAR NO.3 OF 2018 DATED 11/07/2018 REVISING THE PREVIOUS THRESHOLDS PERTAINING TO TAX EFFECTS. AS PER AFORESAID CIRCULAR, ALL PENDING APPEALS FILED BY REVENUE ARE LIABLE TO BE DISMISSED AS A MEASURE FOR REDUCING LITIGATION WHER E THE TAX EFFECT DOES NOT EXCEED THE PRESCRIBED MONETARY LIMIT WHICH IS NOW REVISED AT RS.20 LAKHS. IN THE INSTANT CASE, THE T AX EFFECT ON THE DISPUTED ISSUES RAISED BY THE REVENUE IS STATED TO BE NOT EXCEEDING RS.20 LAKHS AND THEREFORE APPEAL OF THE R EVENUE IS REQUIRED TO BE DISMISSED IN LIMINE . 4. THE LEARNED DR FOR THE REVENUE FAIRLY ADMITTED T HE APPLICABILITY OF THE CBDT CIRCULAR NO. 3 OF 2018. A CCORDINGLY, ITA NO. 136/RJT/17 [ITO VS. SHRI MANOJ R. PODDAR] A.Y. 2011-12 - 3 - APPEAL OF THE REVENUE IS DISMISSED AS NOT MAINTAINA BLE. HOWEVER, IT WILL BE OPEN TO THE REVENUE TO SEEK RESTORATION OF ITS APPEAL ON SHOWING INAPPLICABILITY OF THE AFORESAID CBDT CIRCU LAR IN ANY MANNER. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. SD/- SD/- (MAHAVIR PRASAD) (PRADIP KUMA R KEDIA) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD: DATED 02/08/2018 TRUE COPY S. K. SINHA COPY OF THE ORDER FORWARDED TO:- 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT (APPEALS) 4. THE CIT CONCERNED. 5. THE DR., ITAT, AHMEDABAD. 6. GUARD FILE. BY ORDER DEPUTY/ASSTT.REGISTRAR ITA T, RAJKOT THIS ORDER PRONOUNCED IN OPEN COURT ON 02/08/20 18