The DCITA'bad Circle8, Ahmedabad V. Yogendra Ambalal Sarkar, Ahmedabad

ITA 1679/AHD/2012

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 9727 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 5 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-01-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 12-01-2016
• Assessment Year: 2008-2009
• Appeal Filed On: 31-07-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NARENDRA SINGH
• Assessee Lawyers: S N DIVETIA
• Keywords: Retrospective amendment; Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD B BENCH BEFORE: S H RI S.S. GODARA , JUDICIAL MEMBER AND SHR I MANISH BORAD , ACCOUNTANT MEMBER DCIT, AHMEDABAD CIRCLE - 8, AHMEDABAD (APPELLANT) VS YOGENDRABHAI AMBALAL SARKAR, 202 - 203, B.K. HOUSE, C.G. ROAD, NAVRANGPURA, AHMEDABAD - 380009 PAN: AFGPS3288D (RESPONDENT) REVENUE BY : S H RI NARENDRA SINGH , S R. D . R. ASSESSEE BY: S H RI S.N. DIVETIA , A.R. DATE OF HEARING : 12 - 01 - 2 016 DATE OF PRONOUNCEMENT : 20 - 01 - 2 016 / ORDER P ER : S. S. GODARA , JUDICIAL MEMBER : - THIS REVENUE S APPEAL FOR A.Y. 200 8 - 09 , AR ISES FROM ORDER OF THE CIT(A) - XIV, AHMEDABAD DATED 11 - 05 - 2012 IN APPEAL NO. CIT(A) - XIV/WD.8(1)/160/ 10 - 11 , IN PROCEEDINGS UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT . I T A NO . 1679 / A HD/20 12 A SSESSMENT YEAR 200 8 - 09 I.T.A NO. 1679 /AHD/20 12 A.Y. 2008 - 09 PAGE NO DCIT VS. YOGENDRABHAI AMBALAL SARKAR 2 2. BOTH PA RTIES INFORM US AT THE OUTSET THAT TAX EFFECT AS PER THE LOWER APPELLATE ORDER INVOLVED IN THE INSTANT APPEAL IS OF RS. 5,10,760/ - ONLY I.E. LESS THAN RS. 10 LACS . WE FIND THAT THE CENTRAL BOARD OF DIRECT TAXES; HEREAFTER THE BOARD HAS ISSUED THE CIRCU LAR NO. 21/2015 DATED 10 - 12 - 2015 CLEARLY ENVISAGING THEREIN THAT DEPARTMENT S PENDING APPEALS BEFORE THE TRIBUNAL/HIGH COURTS ARE TO BE WITHDRAWN/NOT PRESSED AS PER THE ABOVE STATED CIRCULAR.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 BOARD S CIRCULAR AND DISMISS THE INSTANT APPEAL ACCORDINGLY. 3. THIS REVENUE S APPEAL IS DISMISSED AS HAVING LOW TAX EFFECT. ORDER PR ONOUNCED IN THE OPEN C OURT ON 20 - 01 - 201 6 SD/ - SD/ - ( MANISH BORAD ) ( S. S. GODARA ) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD : DATED 20 /01/2016 AK / COPY OF ORDER FORWARDED TO: - 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER/ , I.T.A NO. 1679 /AHD/20 12 A.Y. 2008 - 09 PAGE NO DCIT VS. YOGENDRABHAI AMBALAL SARKAR 3 / ,