The DCIT, Central Circle-1(1), Ahmedabad V. M/s. Prudent Corporate Advisory Service Ltd, Ahmedabad

ITA 1392/AHD/2010

• Counselvise Citation: 139220514 RSA 2010
• Duration Of Justice: 4 year(s) 11 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-04-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 23-04-2015
• Assessment Year: 2007-2008
• Appeal Filed On: 30-04-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ROOP CHAND
• Assessee Lawyers: M K PATEL
• Keywords: Tax effect

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, AHMEDABAD BEFORE SHRI G.D. AGRAWAL, VICE PRESIDENT AND SHRI RAJPAL YADAV, JUDICIAL MEMBER ITA NO. 1392/AHD/2010 / ASSESSMENT YEAR: 2007-08 DCIT, CENTRAL CIRCLE 1 (1), AHMEDABAD VS. M/S. PRUDENT CORPORATE ADVISORY SERVICE LTD., 701, SEAS TOWER, GULBAI TEKRA ROAD, OFF. C.G. ROAD, AHMEDABAD PAN : AADCP 1830 B / // / (APPELLANT) / // / (RESPONDENT) REVENUE BY : SHRI ROOPCHAND, SR. DR ASSESSEE(S) BY : SHRI M. K. PATEL, AR ! '#$ ! '#$ ! '#$ ! '#$ / DATE OF HEARING : 23/04/2015 %& ! '#$ / // / DATE OF PRONOUNCEMENT: 24/04/2015 '( '( '( '(/ // / O R D E R PER G.D. AGRAWAL, VICE PRESIDENT: THIS IS AN APPEAL FILED BY THE REVENUE AND IS DIREC TED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME-TAX(APPEALS)-I, AHMEDABAD DA TED 15.03.2010 PERTAINING TO THE ASSESSMENT YEAR 2007-0 8. 2. AT THE OUTSET, THE LD. COUNSEL FOR THE ASSESS EE CONTENDED THAT AS PER CENTRAL BOARD OF DIRECT TAXES, INSTRUCTION NO.3/201 1 DATED 9TH FEBRUARY, 2011, THE REVISED LIMIT FOR PREFERRING REVENUE'S AP PEALS IS RS. 3 LACS. THAT THE TAX EFFECT IN THE PRESENT REVENUE'S APPEAL IS R S.2,44,649/- WHICH IS BELOW THE PRESCRIBED LIMIT OF RS. 3 LACS. HE HAS ALSO S UBMITTED A WORKING OF THE ITA NO.1392/AHD/2010 DCIT V. PRUDENT CORPORATE ADVISORY SERVICE LTD AY: 2007-08 2 TAX EFFECT. IN VIEW THEREOF, THE REVENUE'S APPE AL MAY BE DISMISSED AS THE TAX EFFECT BEING BELOW THE PRESCRIBED LIMIT. 3. THE LD. DEPARTMENTAL REPRESENTATIVE COULD NOT CO NTROVERT THE AFORESAID SUBMISSIONS OF THE LD. COUNSEL FOR THE AS SESSEE. 4. WE HAVE HEARD BOTH THE SIDES AND PERUSED THE MATERIAL PLACED BEFORE US. THE CBDT, VIDE ABOVE INSTRUCTION HAS CLEARLY LA ID DOWN THAT THE REVENUE SHOULD NOT PREFER APPEALS AGAINST ASSESSEES BEFORE ITAT IF THE TAX EFFECT INVOLVED IN THE APPEAL, EXCLUDING INTEREST, IS LESS THAN RS. 3 LACS. THE TAX PAYABLE IN THE PRESENT APPEAL BEING BELOW RS. 3 LACS, THE REVENUE'S APPEAL IS NOT MAINTAINABLE IN VIEW OF CBDT INSTRUCT ION. 5. IN THE RESULT, THE APPEAL OF THE REVENUE I S DISMISSED. ORDER PRONOUNCED IN THE COURT ON 24 TH APRIL, 2015 AT AHMEDABAD. SD/- SD/- (RAJPAL YADAV) JUDICIAL MEMBER (G.D. AGRAWAL) VICE-PRESIDENT AHMEDABAD; DATED 24/04/2015 BIJU T., PS '( ! ') *')' '( ! ') *')' '( ! ') *')' '( ! ') *')'/ COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ++ ' , / CONCERNED CIT 4. , ( ) / THE CIT(A) 5. )/0 ' , , / DR, ITAT, AHMEDABAD 6. 02 3 / GUARD FILE . '( '( '( '( / BY ORDER, TRUE COPY 4 44 4/ // / +5 +5 +5 +5 ( DY./ASSTT.REGISTRAR) , , , , / ITAT, AHMEDABAD