The DCIT, Circle-2, Bhavnagar V. Shri Batukrai J. Lumbhani, Bhavnagar

ITA 16/AHD/2017

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 5592 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 8 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-09-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 1995-1996
• Appeal Filed On: 02-01-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: O P SHARMA
• Assessee Lawyers: BIREN SHAH
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD C BENCH (BEFORE SHRI MAHAVIR PRASAD, JUDICIAL MEMBER & SHRI WASEEM AHMED, ACCOUNTANT MEMBER) ITA NO: 16/AHD/2017 & C.O. NO. 38/AHD/2017 (ASSESSMENT YEAR: 1995-96) THE DCIT, CIRCLE-2, BHAVNAGAR SHRI BATUKRAI J. LUMBHANI L/R OF LATE SHRI JETHALAL HARGOVINDDAS LUMBHANI GURUDAT SOCIETY, TALAJA, PIN-364140 V/S V/S SHRI BATUKRAI J. LUMBHANI L/R OF LATE SHRI JETHALAL HARGOVINDDAS LUMBHANI GURUDAT SOCIETY, TALAJA, PIN-364140 THE DCIT, CIRCLE-2, BHAVNAGAR (APPELLANT) (RESPONDENT) PAN: AAPVL 2563Q APPELLANT BY : SHRI O.P. SHARMA, CIT/ D. R. RESPONDENT BY : SHRI BIREN SHAH, A.R. ( )/ ORDER DATE OF HEARING : 19 -08-201 9 DATE OF PRONOUNCEMENT : 11-09-2019 PER MAHAVIR PRASAD, JUDICIAL MEMBER ITA NO. 16/AHD /17 & C.O. 38/AHD/2015 . A.Y. 1995-96 2 1. ITA NO. 67/AHD/2017 & C.O. NO. 38/AHD/2017 ARE A PPEAL BY THE REVENUE AND CROSS OBJECTION OF THE ASSESSEE DIRECTED AGAINST TH E ORDER OF THE LD. CIT(A)-6, AHMEDABAD DATED 27.10.2016 PERTAINING TO A.Y. 1995- 96. 2. AT THE TIME OF HEARING, IT WAS SUBMITTED BY THE LD.AR FOR THE ASSESSEE THAT APPEAL FILED BY THE REVENUE IS HIT BY RECENTLY ISSU ED CBDT CIRCULAR NO.17 OF 2019 DATED 08/08/2019 REVISING THE PREVIOUS THRESHO LDS PERTAINING TO TAX EFFECTS. AS PER AFORESAID CIRCULAR, ALL PENDING APPEALS FILE D BY REVENUE ARE LIABLE TO BE DISMISSED AS A MEASURE FOR REDUCING LITIGATION WHER E THE TAX EFFECT DOES NOT EXCEED THE PRESCRIBED MONETARY LIMIT WHICH IS NOW R EVISED AT RS.50 LAKHS. IN THE INSTANT CASE, THE TAX EFFECT ON THE DISPUTED IS SUES RAISED BY THE REVENUE IS STATED TO BE NOT EXCEEDING RS.50 LAKHS AND THEREFOR E APPEAL OF THE REVENUE IS REQUIRED TO BE DISMISSED IN LIMINE. 3. WE THE LEARNED DR FOR THE REVENUE FAIRLY ADMITTE D THE APPLICABILITY OF THE CBDT CIRCULAR NO. 17 OF 2019. ACCORDINGLY, APPEAL OF THE REVENUE IS DISMISSED AS NOT MAINTAINABLE. HOWEVER, IT WILL BE OPEN TO THE REVE NUE TO SEEK RESTORATION OF ITS APPEAL ON SHOWING INAPPLICABILITY OF THE AFORESAID CBDT CIRCULAR IN ANY MANNER. 4. NOW WE COME TO C.O. NO. 38/AHD/2017. AT THE OUTS ET, LD. A.R. DOES NOT WISH TO PRESS THE C.O. THEREFORE, SAME IS DISMISSED AS NOT PRESSED. 5. IN THE RESULT, APPEAL FILED BY THE REVENUE IS DISMI SSED AND C.O. OF THE ASSESSEE IS ALSO DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON 11- 09- 2019 SD/- SD/- (WASEEM AHMED) (MAHAVIR PRASAD) ACCOUNTANT MEMBER TRUE COPY JUDICIAL MEMBER AHMEDABAD: DATED 11/09/2019