The ITO, Ward-2(1)(1), Ahmedabad V. M/s. Eminemt Infracon Pvt. Ltd, Ahmedabad

ITA 1416/AHD/2019

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 8261 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 5 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-02-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2013-2014
• Appeal Filed On: 05-09-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AJAY PRATAP SINGH
• Assessee Lawyers: PREYASHI TATED
• Keywords: Tax effect; Tax effect
• Section: 40(a)(ia)

Judgement Text

आयकर य कर , हमदाबाद याय ‘‘स ’’ हमदाबाद। IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, AHMEDABAD (through web-based video conferencing platform) ] ] BEFORE SHRI P.M. JAGTAP, VICE-PRESIDENT AND SHRI T.R. SENTHIL KUMAR, JUDICIAL MEMBER ITA No. 1416/Ahd/2019 Assessment Years : 2013-14 The Income Tax Officer, Ward-2(1)(1), Ahmedabad Vs M/s. Eminent Infracon Pvt. Ltd., 201, Satyam Complex, Opp. R.K. Royal Hall, Science City Road, Sola, Ahmedabad PAN : AACCE 3245 Q ा / (Appellant) य / (Respondent) Revenue by : Shri Ajay Pratap Singh, CIT-DR Assessee by : Ms. Preyashi Tated, CA /Date of Hearing : 23/02/2022 /Date of Pronouncement: 23/02/2022 आदेश/O R D E R PER P.M. JAGTAP, VICE-PRESIDENT : The Revenue is in appeal before the Tribunal against the order of the learned Commissioner of Income-Tax (Appeals)-2, Ahmedabad dated 28.06.2019 passed for Assessment Year 2013-2014. 2. The ground taken by the Revenue is as follows:- “The Ld. CIT(A) has erred in law and on facts in deleting the disallowance of Rs.1,97,194/- u/s. 40(a)(ia) of the Act made by the Assessing Officer.” 3. At the outset, the learned Counsel for the assessee submitted that the appeal of the Revenue needs to be dismissed on account of low tax effect in view of the CBDT Circular No. 17 of 2019 dated 08.08.2019. The ld. Departmental Representative fairly admitted that the tax effect is less than the limit prescribed by the aforesaid CBDT Circular. 4. We have heard both the parties and perused the material available on record. W e find that this appeal of the Revenue is no longer ITA No. 1416/Ahd/2019 ITO Vs. M/s. Eminent Infracon Pvt Ltd AY : 2013-14 2 maintainable in view of the CBDT Circular No. 17 of 2019 dated 08.08.2019. The mandatory limit for cases in which Revenue can challenge the relief granted by the CIT(A) now stands enhanced to Rs.50 lakhs. This concession granted by the Central Board of Direct Taxes (CBDT) is retrospective in effect inasmuch as it applies to all pending appeals as well. In view of the above position, the appeal of the Revenue is no longer maintainable and is dismissed as such. 5. It is, however, made clear that on re-verification at the end of the Assessing Officer if it comes out that the tax effect of more than Rs.50 lakhs is being involved in the appeal or the appeal falls within the exemption clause of the Circular, then the Revenue will be at liberty to file Miscellaneous Application to recall the Tribunal order. The application should be filed within time limit prescribed in the Act. 6. In the result, appeal of the Revenue is dismissed due to low tax effect. Order pronounced in the Court on 23 rd February, 2022 at Ahmedabad. Sd/- Sd/- (T.R. SENTHIL KUMAR) (P.M. JAGTAP) JUDICIAL MEMBER VICE-PRESIDENT Ahmedabad, Dated 23/02/2022 *Bt /Copy of the Order forwarded to : 1. ! / The Appellant 2. "# ! / The Respondent. 3. $%$&' # # ( / Concerned CIT 4. # # ( ) (/ The CIT(A)- 5. + , # &' , # # &' /DR,ITAT, Ahmedabad, 6. , ./ 0 /Guard file. / BY ORDER, TRUE COPY ह # $ज (Asstt. Registrar) # # &' ITAT, Ahmedabad