The ITO (International Taxation)-1, Ahmedabad V. M/s. Adani Power Rajasthan Ltd., Ahmedabad

ITA 1531/AHD/2017

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 7903 (ITAT-AHMEDABAD)
• Duration Of Justice: 5 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-12-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: I
• Assessment Year: misc
• Appeal Filed On: 20-06-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: V K SINGH
• Assessee Lawyers: P M MEHTA; GM THAKOR
• Keywords: Retrospective amendment; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD D BENCH AHMEDABAD BEFORE, SHRI PRAMOD KUMAR , ACCOUNTANT MEMBER AND SHRI S. S. GODARA, JUDICIAL MEMBER ITA NOS. 1531 & 1532/AHD/2017 [ASSESSMENT YEAR: 2016-17 (QUARTER - 2 ND & 3RD)] INCOME TAX OFFICER, (INTERNATIONAL TAXATION)-I, 209, 2 ND FLOOR, NAVJEEVAN TRUST BUILDING, B/H GUJARAT VIDYAPITH, ASHRAM ROAD, AHMEDABAD APPELLANT VS. ADANI POWER RAJASTHAN LTD., SHIKHAR BUILDING, NR. ADANI HOUSE, MITHAKHALI CIRCLE, NAVRANGPURA, AHMEDABAD - 380009 RESPON DENT PAN / TAN: AAGCA9379P / AHMA07870C /BY REVENUE : SHRI V. K. SINGH, SR. D.R. /BY ASSESSEE : SHRI P. M. MEHTA & SHRI G. M . THAKOR, A.R. /DATE OF HEARING : 18.12.2017 /DATE OF PRONOUNCEMENT : 19.12.2017 ORDER PER S. S. GODARA, JUDICIAL MEMBER THESE TWO REVENUES APPEALS FOR ASSESSMENT YEAR 201 6-17 (2 ND & 3 RD QUARTER) ARISE AGAINST THE CIT(A)-8, AHMEDABADS SE PARATE ORDERS; BOTH DATED 10.04.2017 IN CASE NOS. CIT(A)- 8 / 252 / 15-16 & C IT(A)- 8 / 294 / 15-16, IN PROCEEDINGS U/S. 200A OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT. ITA NOS. 1531 & 1532/AHD/17 [ITO VS. ADANI POWER R AJASTHAN LTD.] A.Y. 2016-17 (QTR.2 ND & 3 RD ) - 2 - 2. WE NOTICE AT THE OUTSET THAT THE ASSESSING OFFIC ER HAS ISSUED TDS DEMANDS, IN QUESTION AMOUNTING TO RS.4,66,110/- AND RS. 7,50 ,620/- IN THE ABOVE TWO QUARTERS PERTAINING TO THE IMPUGNED ASSESSMENT YEAR IN FURTHERANCE TO HIS ORDERS PASSED U/S. 200A OF THE ACT IN BOTH CASES. THE SAM E MAKE IT CLEAR THAT THE NET TAX INVOLVED IN THESE TWO APPEALS IS LESS THAN RS.10LAC S. WE FIND THAT THE CENTRAL BOARD OF DIRECT TAXES; HEREAFTER THE BOARD HAS IS SUED THE CIRCULAR NO. 21/2015 DATED 10.12.2015 CLEARLY ENVISAGING THEREIN THAT DE PARTMENTS PENDING APPEALS BEFORE THE TRIBUNAL/HIGH COURTS ARE TO BE WITHDRAWN /NOT PRESSED AS PER THE ABOVE STATED CIRCULAR. THE SAME HAS BEEN DECLARED TO BE HAVING RETROSPECTIVE EFFECT IN OTHER WORDS. WE TAKE INTO CONSIDERATION THE ABOVE STATED BOARDS CIRCULAR AND DISMISS BOTH THE APPEALS ACCORDINGLY. 3. THESE TWO REVENUES APPEALS ARE DISMISSED AS HAV ING LOW TAX EFFECT. [PRONOUNCED IN THE OPEN COURT ON THIS THE 19 TH DAY OF DECEMBER, 2017.] SD/- SD/- ( PRAMOD KUMAR ) (S. S. GODARA) ACCOUNTANT MEMBER JUDICIAL M EMBER AHMEDABAD: DATED 19/12/2017 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