The ACIT,B.K.Circle, Palanpur V. The Samarpan Co.Op. Credit Society Ltd., Banaskantha

ITA 1372/AHD/2014

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 1258 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 1 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-06-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 22-06-2016
• Assessment Year: 2010-2011
• Appeal Filed On: 07-05-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DINESH SINGH
• Keywords: Retrospective amendment; Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, AHMEDABAD BEFORE SHRI RAJPAL YADAV, JUDICIAL MEMBER ./ ITA.NO.1372/AHD/2014 WITH CO NO.178/AHD/2014 / ASSTT. YEAR: 2010-2011 ACIT, B.K. CIRCLE PALANPUR. VS THE SAMARPAN CO - OP. CREDIT SOCIETY LTD. 124-125, RAJIV GANDHI COMPLEX LALCHALI ROAD, NR.OLD BUS STAND AT : DEESA 385 535 DIST. BANASKANTHA PAN : AAAAA 8371 N ! / (APPELLANT) '# ! / (RESPONDENT) REVENUE BY : SHRI DINESH SINGH, SR.DR ASSESSEE BY : NONE / DATE OF HEARING : 22/06/2016 / DATE OF PRONOUNCEMENT: 22/06/2016 $%/ O R D E R THE REVENUE IS IN APPEAL BEFORE THE TRIBUNAL AGAINS T THE ORDER OF THE LD.CIT(A)-XX, AHMEDABAD DATED 25.2.2014 PASSED FOR THE ASSTT.YEAR 2000- 11. ON RECEIPT OF NOTICE OF THE REVENUES APPEAL, T HE ASSESSEE HAS FILED CROSS OBJECTION BEARING NO.178/AHD/2014. 2. SOLITARY GRIEVANCE OF THE REVENUE IS THAT THE LD .CIT(A) IS ERRED IN DELETING THE ADDITION OF RS.14,02,150/- MADE ON ACC OUNT OF DISALLOWANCE OF CLAIM OF DEDUCTION U/S.80P(2)(A)(I) OF THE INCOME T AX ACT. ITA NO.1372/AHD/2014 WITH CO 2 3. NONE APPEARED ON BEHALF OF THE ASSESSEE. THEREF ORE, WE PROCEED TO DISPOSE OF THE APPEAL AFTER HEARING THE LD.DR AND C ONSIDERING THE MATERIAL AVAILABLE ON RECORD. 4. BEFORE GOING TO MERIT OF THE CASE, A QUERY HAS B EEN RAISED BY THE BENCH AS TO MAINTAINABILITY OF THE APPEAL OF THE REVENUE BEFORE THE TRIBUNAL IN VIEW OF CBDT CIRCULAR NO.21/2015 DATED 10.12.2015, WHERE BY THE BOARD HAS RESTRAINED THE DEPARTMENT NOT TO FILE APPEAL BEFORE THE TRIBUNAL WHERE THE TAX EFFECT IS BELOW RS.10 LAKHS. TO THIS, THE LD.DR WA S UNABLE TO CONTROVERT TO THE SAME. 5. WE FIND THAT THE REVENUE HAS FILED THIS APPEAL ON 7.5.2014. ON 10.12.2015 THE CBDT HAS ISSUED INSTRUCTIONS BEARING NO. 21/2015 PROHIBITING ITS SUBORDINATE AUTHORITIES FROM FILING OF THE APPEAL TO THE TRIBUNAL AGAINST THE ORDER OF THE CIT(A) WHERE THE TAX EFFEC T BY VIRTUE OF THE RELIEF GIVEN BY THE CIT(A) IS LESS THAN RS.10 LAKHS. THE INSTRUCTIONS HAVE BEEN MADE APPLICABLE WITH RETROSPECTIVE EFFECT, MEANING THEREBY, THESE INSTRUCTIONS ARE APPLICABLE ON PENDING APPEALS ALSO. IN THE PRE SENT CASE, THE ADDITION CONTESTED BY THE REVENUE IS RS.14,02,150/-, AND THE TAX EFFECT ON THIS ALLEGED ADDITION WOULD BE LESS THAN RS.10 LAKHS. THEREFORE , THE PRESENT APPEAL DESERVES TO BE DISMISSED BEING TREATED TO BE FILED IN VIOLATION OF CBDT INSTRUCTIONS. IT IS FURTHER OBSERVED THAT SINCE, W HILE HEARING THE APPEAL, SUCH FACTORS COULD NOT BE CROSS-VERIFIED, THEREFORE, IN CASE, ON RE-VERIFICATION AT THE END OF THE AO, IT CAME TO THE NOTICE THAT THE TAX E FFECT IS MORE OR IT FALLS WITHIN THE AMBIT OF EXCEPTIONS PROVIDED IN THE INST RUCTION, THEN THE DEPARTMENT WILL BE AT LIBERTY TO APPROACH THE TRIBU NAL FOR RECALL OF THIS ORDER. SUCH APPLICATION SHOULD BE FILED WITHIN LIMITATION PRESCRIBED UNDER THE LAW. IN VIEW OF THE ABOVE, THE APPEAL OF THE REVENUE IS DISMISSED. ITA NO.1372/AHD/2014 WITH CO 3 6. AS FAR AS CO IS CONCERNED, SUB-SECTION 4 OF SECT ION 253 OF THE INCOME TAX ACT, AUTHORIZE THE RESPONDENT TO FILE CO AGAINS T ANY PART OF THE ORDER OF THE APPELLATE AUTHORITY. SUCH OBJECTION IS TO BE VERIFIED IN PRESCRIBED MANNER. A PERUSAL OF THE CO WOULD INDICATE THAT THE ASSESSE E HAS NOT SHOWN HIS GRIEVANCE AGAINST ANY PART OF THE IMPUGNED ORDER. THE CO IS IN SUPPORT OF THE LD.CIT(A)S ORDER, AND AS SUCH, CO IS NOT MAINTAINA BLE, HENCE, DISMISSED. 7. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSE D. ORDER PRONOUNCED IN THE COURT ON 22 ND JUNE, 2016 AT AHMEDABAD. SD/- (RAJPAL YADAV) JUDICIAL MEMBER