The ACIT, Circle-5, Ahmedabad V. M/s. Nabros Transport Pvt. Ltd., Ahmedabad

ITA 1636/AHD/2014

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 3314 (ITAT-AHMEDABAD)
• Duration Of Justice: 5 year(s) 6 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-11-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2009-2010
• Appeal Filed On: 23-05-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Retrospective amendment; Tax effect
• Section: 143(3); 201; 268A

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL, A BENCH, AHMEDABAD BEFORE SHRI WASEEM AHMED , ACCOUNTANT MEMBER AND MS MADHUMITA ROY, JUDICIAL MEMBER ./ ITA NO. 1636/AHD/2014 / ASSTT. YEAR: 2009 - 2010 A.C.I.T., CIRCLE - 5, AHMEDABAD VS . M/S.NABROS TRANSPORT PVT. LTD. , 333/1 , ANAND, DRIVE - IN - RAOD , NAVRAN GPURA , AHMEDABAD - 380009 . PA N: AAACN3724D (APPLICANT) (RESPONENT) REVENUE BY : SHRI SATISH SOLANKI, SR.D .R ASSESSEE BY : SMT ARTI N. SHAH, A. R / DATE OF HEARING : 26 / 09 / 201 9 / DATE OF PRONOUNCEMENT: 29 / 11 /201 9 / O R D E R PER MS MADHUMITA ROY, JUDICIAL MEMBER : THE INSTANT APPEAL AT THE INSTANCE OF THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 1 5.11 . 2017 , PASSED BY THE LEARNED COMMISSIONER OF INCOME TAX (A PPEALS) - XVI , AHMEDABAD, ( IN SHORT LD.CIT(A) ) AR ISING OUT OF THE ORDER DATED 22.12 .2 011 PASSED BY THE A.C.I. T UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961 (HEREIN AFTER REFERRED TO AS THE ACT ) FOR THE ASSESSMENT Y EAR 2009 - 2010. 2 . AFTER GOING THROUGH THE GROUNDS OF APPEAL AND THE IMPUGNED ORDERS OF THE REVENU E AUTHORITIES BELOW, A QUERY WAS RAISED BY THE BENCH AS TO APPLICABILITY AND MAINTAINABILITY OF THE APPEAL FILED BY THE REVENUE IN VIEW OF ITA NO. 1636/AHD/2014 A.Y. 2009 - 2010 2 RECENT CBD T CIRCULAR NO. 17/2019 DATED 08.08. 2019 RESTRICTING THE FILLING OF THE APPEAL BY THE REVENUE WHERE THE TAX EFFECT IS BELOW RS. 50 LAKHS. IN REPLY TO IT THE LD. DR DID NOT DISPUTE THE SAME AND LEFT THE ISSUE AT THE DISCRETION OF THE TRIBUNAL WITH THE PRAY TO DECIDED THE SAME BY LAW. 3. WE FIND THAT THE APPEAL OF THE REVENUE WAS HEARD ON 23.05. 201 4 . ON 8/08/2019 THE CBDT HAS ISSUED INSTRUCTIONS BEARING NO. 17 OF 2019 UNDER FILE NO. 279/ MISC. 142/2007 - ITJ(PT) R. W. CIRCULAR NO. 3/2018 DATED 11.07. 2018 PROHIBITING ITS SUBORDINATE AUTHORITIES FROM THE FILING OF THE APPEAL TO THE TRIBUNAL AGAINST THE ORDER O F THE LD. CIT(A) WHERE THE TAX EFFECT BY VIRTUE OF THE RELIEF GIVEN BY THE LD. CIT(A) IS LESS THAN RS. 50 LAKHS. THE INSTRUCTIONS ARE APPLICABLE WITH RETROSPECTIVE EFFECT, MEANING THEREBY, THESE INSTRUCTIONS ARE APPLICABLE ON PENDING APPEALS ALSO AS HELD BY THIS TRIBUNAL IN THE CASE OF ITO VS. DINESH MADHAVAL PATEL & OTHERS IN ITA 1398/AHD/2004 FOR THE AY 1998 - 99 VIDE ORDER DATED 14.08. 2019. IN THE PRESENT CASE, TAX EFFECT ON THE TOTAL INCOME ASSESSED MINUS THE TAX THAT WOULD HAVE BEEN CHARGEABLE HAD SUC H TOTAL INCOME BEEN REDUCED BY THE AMOUNT OF INCOME IN RESPECT OF THE ISSUE AGAINST WHICH APPEAL IS FILED , IS LESS THAN RS. 50 LAKHS. FURTHER, THE CASE OF THE REVENUE DOES NOT FALL WITHIN THE AMBIT OF EXCEPTIONS PROVIDED IN THE CIRCULAR. THUS, KEEPING IN VIEW THE ABOVE CBDT CIRCULAR AND PROVISIONS OF SECTION 268A OF THE INCOME TAX ACT, WE ARE OF THE VIEW THAT THE PRESENT APPEAL OF THE REVENUE DESERVES TO BE DISMISSED . IT IS ACCORDINGLY DISMISSED . HOWEVER, IT IS PERTINENT TO NOTE THAT IN CASE ON RE - VERI FICATION AT THE END OF THE AO IT COMES TO THE NOTICE THAT THE TAX EFFECT IS MORE OR REVENUE S CASE FALLS WITHIN THE AMBIT OF EXCEPTIONS PROVIDED IN THE CIRCULAR, THEN THE DEPARTMENT WILL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR THE RECALL OF THIS ORDER. SUCH AN APPLICATION SHOULD BE FILED WITHIN THE PERIOD PRESCRIBED UNDER ITA NO. 1636/AHD/2014 A.Y. 2009 - 2010 3 THE ACT. IN VIEW OF THE ABOVE, THE APPEAL OF THE REVENUE IS DISMISSED DUE TO LOW TAX EFFECT. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED . ORDER PRONOUNCED IN THE COURT ON 29 /11 /2019 AT AHMEDABAD. - SD - - SD - ( WASEEM AHMED ) ACCOUTANT MEMBER ( MS MADHUMITA ROY ) JUDICIAL MEMBER (TRUE COPY) AHMEDABAD; DATED 29 / 11 /201 9 MANISH