The ITO, Ward-2(2)(1), Ahmedabad V. Shri Dashrat Shankarbhai Patel, Ahmedabad

ITA 1471/AHD/2016

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 8294 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 4 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-10-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 01-10-2019
• Assessment Year: 2012-2013
• Appeal Filed On: 02-06-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: L P JAIN
• Assessee Lawyers: CHIRAG R SHAH
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

, C IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, AHMEDABAD BEFORE SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER & SHRI MAHAVIR PRASAD, JUDICIAL MEMBER ./ I.T.A. NO. 1471/AHD/2016 WITH CROSS OBJECTION NO. 111/AHD/2016 ( ASSESSMENT YEAR : 2012-13) INCOME TAX OFFICER WARD 2(2)(1), ROOM NO. 102, 1 ST FLOOR, C.U.SHAH BLDG., ASHRAM ROAD, AHMEDABAD / VS. SHRI DASHRAT SHANKARBHAI PATEL 5, HARGOVANPATEL PARK, NR. ANKUR SOCIETY, NARANPURA, AHMEDABAD 380013 ./ ./ PAN/GIR NO. : AQCPP1035E ( APPELLANT ) .. RESPONDENT/CROSS OBJECTOR / REVENUE BY : SHRI L. P. JAIN, SR.D.R. / ASSESSEE BY : SHRI CHIRAG R. SHAH, A.R. DATE OF HEARING 01/10/2019 ! / DATE OF PRONOUNCEMENT 04/10/2019 / O R D E R PER BENCH: THE CAPTIONED APPEAL AND CROSS OBJECTION HAVE BEEN FILED AT THE INSTANCE OF THE REVENUE AND ASSESSEE AGAINST THE OR DER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-4, AHMEDABAD (CIT(A) IN SH ORT), DATED 21.03.2016 ARISING IN THE ASSESSMENT ORDER DATED 11 .03.2015 PASSED BY THE ASSESSING OFFICER (AO) UNDER S. 143(3) OF THE INCOM E TAX ACT, 1961 (THE ACT) CONCERNING AY 2012-13. ITA NO. 1471/AHD/16 WITH CO NO. 111/AHD/16 [ITO VS.SHRI DASHRAT S. PATEL] A.Y. 2012-13 - 2 - 2. THE GRIEVANCES, IN REVENUES APPEAL AND ASSESSEE S CROSS OBJECTION, RAISED BEING COMMON, BOTH THE CASES WERE HEARD TOGETHER AND DISPOSED OF BY THE COMMON ORDER. 3. THE SUBSTANTIVE GROUND OF APPEAL RAISED BY THE REVENUE READS AS UNDER:- 1 THE LD. CIT(A) HAS ERRED IN LAW AND ON FACTS IN DELETING THE ADDITION OF RS.1,09,16,700/- ON ACCOUNT OF LONG TERM CAPITAL GA IN. 4. AT THE TIME OF HEARING, IT WAS SUBMITTED BY THE LD.AR FOR THE ASSESSEE THAT THE APPEAL FILED BY THE REVENUE IS HI T BY RECENTLY ISSUED CBDT CIRCULAR NO.17 OF 2019 DATED 08/08/2019 REVISI NG THE PREVIOUS THRESHOLDS PERTAINING TO TAX EFFECTS. IT IS INTER ALIA NOTICED THAT THE CBDT VIDE INSTRUCTION NO. F. NO. 279/MISC/M-93/2018-ITJ DT. 20/08/2019 HAS OBSERVED THAT CIRCULAR NO.17/2019 DATED 08/08/2019 RELATING TO ENHANCEMENT OF MONETARY LIMITS IS ALSO APPLICABLE T O ALL PENDING APPEALS. AS PER AFORESAID CIRCULAR READ WITH INSTRUCTION, AL L PENDING APPEALS FILED BY REVENUE ARE LIABLE TO BE DISMISSED AS A MEASURE FOR REDUCING LITIGATION WHERE THE TAX EFFECT DOES NOT EXCEED THE PRESCRIBED MONETARY LIMIT WHICH IS NOW REVISED AT RS.50 LAKHS. IN THE INSTANT CASE, T HE TAX EFFECT ON THE DISPUTED ISSUES RAISED BY THE REVENUE IS STATED TO BE NOT EXCEEDING RS.50 LAKHS AND THEREFORE APPEAL OF THE REVENUE IS REQUIR ED TO BE DISMISSED IN LIMINE . 5. THE LEARNED DR FOR THE REVENUE FAIRLY ADMITTED T HE APPLICABILITY OF THE CBDT CIRCULAR NO. 17 OF 2019. ACCORDINGLY, APP EAL OF THE REVENUE IS DISMISSED AS NOT MAINTAINABLE. HOWEVER, IT WILL BE OPEN TO THE REVENUE TO SEEK RESTORATION OF ITS APPEAL ON SHOWING INAPPLICA BILITY OF THE AFORESAID CBDT CIRCULAR IN ANY MANNER. 6. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ITA NO. 1471/AHD/16 WITH CO NO. 111/AHD/16 [ITO VS.SHRI DASHRAT S. PATEL] A.Y. 2012-13 - 3 - 7. THE LD.AR FOR THE ASSESSEE AT THE TIME OF HEARIN G STATED THAT ASSESSEE DOES NOT WANT TO PRESS THE CROSS OBJECTION. THE CR OSS OBJECTION IS ACCORDINGLY DISMISSED AS NOT PRESSED. 8. IN THE COMBINED RESULT, THE APPEAL OF THE REVENU E IS DISMISSED, WHEREAS ASSESSEES CROSS OBJECTION IS DISMISSED AS NOT PRESSED. SD/- SD/- (MAHAVIR PRASAD) (PRADIP KUMA R KEDIA) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD: DATED 04/10/2019 TRUE COPY S. K. SINHA !'#' / COPY OF ORDER FORWARDED TO:- $. / REVENUE 2. / ASSESSEE &. '() * / CONCERNED CIT 4. *- / CIT (A) -. ./0 122()3 ()!3 45' / DR, ITAT, AHMEDABAD 6. 078 9 / GUARD FILE. BY ORDER / 3 /4 ()!3 45' THIS ORDER PRONOUNCED IN OPEN COURT ON 04/10/201 9