The DCITNavsari Circle, Navsari V. M/s. Lowdown Marble & Granite Mines Pvt.Ltd., Navsari

ITA 1500/AHD/2011

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 9768 (ITAT-AHMEDABAD)
• Duration Of Justice: 5 year(s) 6 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-12-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 08-12-2016
• Assessment Year: 2004-2005
• Appeal Filed On: 26-05-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Retrospective amendment; Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD B BENCH AHMEDABAD BEFORE SHRI PRAMOD KUMAR, ACCOUNTANT MEMBER, AND SHRI S. S. GODARA, JUDICIAL MEMBER. ITA NOS. 1498, 1499 & 1500/AHD/2011 (ASSESSMENT YEARS: 2002-03, 2003-04 & 2004-05) DY. COMMISSIONER OF INCOME TAX, NAVSARI CIRCLE, NAVSARI APPELLANT VS. M/S. LOWDOWN MARBLE & GRANITE MINES PVT. LTD., AT BORIACH, POST ASTAGAM, TAL & DIST. NAVSARI RESPON DENT PAN: AAACL7203M /BY REVENUE : SHRI JAMES KURIAN, SR. D.R. / BY ASSESSEE : SHRI SAKAR SHARMA, A.R. /DATE OF HEARING : 08.12.2016 /DATE OF PRONOUNCEMENT : 09.12.2016 ORDER PER S. S. GODARA, JUDICIAL MEMBER THESE THREE REVENUES APPEALS FOR ASSESSMENT YEARS 2002-03, 2003-04 & 2004-05, ARISE FROM THE CIT(A)-VALSADS COMMON ORD ER DATED 25.02.2010; PASSED IN CASE NOS. CIT(A)/VLS/481/09-10, CIT(A)/V LS/339/10-11 & CIT(A)/VLS/340/10-11; RESPECTIVELY, IN PROCEEDINGS UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT. ITA NOS. 1498, 1499 & 1500/AHD/2011 (DCIT VS. M/S. LOWDOWN MARBLE & GRANITE MINES PVT. LTD.) A.YS. 2002-03, 2003-04 & 2 004-05 - 2 - 2. A PERUSAL OF THE CASE FILES REVEALS THAT REVENUE S SOLE SUBSTANTIVE GROUND EACH PLEADED IN ALL THREE APPEALS SEEKS TO CHALLENG E THE CIT(A)S ORDER DELETING DISALLOWANCES/ADDITIONS OF RS.16,28,332/- (RENT AND HIRE CHARGES) IN FIRST ASSESSMENT YEAR, RS.21,79,720/- & RS.22,31,175/- ( IN THE NATURE OF BOGUS EXPENSES) IN LATTER ASSESSMENT YEARS. THERE IS NO DISPUTE THAT THE NET TAX EFFECT IN ALL THESE APPEALS IS LESS THAN RS.10 LACS. WE F IND THAT THE CENTRAL BOARD OF DIRECT TAXES; HEREAFTER THE BOARD HAS ISSUED CIRC ULAR NO.21/2015 DATED 10.12.2015 CLEARLY ENVISAGING THEREIN THAT DEPARTME NTS PENDING APPEALS BEFORE THE TRIBUNAL INVOLVING TAX EFFECT LESS THAN THE ABO VE LIMIT ARE TO BE WITHDRAWN/NOT PRESSED. THE SAME HAS BEEN DECLARED TO BE HAVING RETROSPECTIVE EFFECT IN OTHER WORDS. WE TAKE INTO CONSIDERATION THE ABOVE STATED CIRCULAR AND DISMISS THESE THREE APPEALS. 3. THESE REVENUES THREE APPEALS ARE DISMISSED AS H AVING LOW TAX EFFECT. [PRONOUNCED IN THE OPEN COURT ON THIS THE 09 TH DAY OF DECEMBER, 2016.] SD/- SD/- (PRAMOD KUMAR) (S. S . GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD: DATED 09/12/2016 TRUE COPY S.K.SINHA / COPY OF ORDER FORWARDED TO:- / REVENUE 2 / ASSESSEE ! / CONCERNED CIT 4 !- / CIT (A) ( )*+ ,--. . /0 / DR, ITAT, AHMEDABAD 1 +23 45 / GUARD FILE. BY ORDER / . // . /0