The ITO, Ward-5(4), ( Now Ward-2(2)(4)), Surat V. Shri Ramesh D. Shah, Surat

ITA 1682/AHD/2015

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 8421 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 3 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-09-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2011-2012
• Appeal Filed On: 11-06-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PRAJANA PARAMITA
• Keywords: Retrospective amendment; Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD C BENCH BEFORE: SHRI S.S. GODARA , JUDICIAL MEMBER AND SHRI AMARJIT SINGH, ACCOUNTANT MEMBER THE IT O , WARD - 2 (2) (4), SURAT (APPELLANT) VS SHRI RAMESH D. SHAH, 1 6 - B SIDDHASHILA APARTMENT, NANPURA, SURAT - 395001 PAN: ACQPS9804A (RESPONDENT) REVENUE BY : S H RI PRAJANA PARAMITA , SR. D . R. A SSESSEE BY: NONE DATE OF HEARING : 10 - 08 - 2 017 DATE OF PRONOUNCEMENT : 22 - 09 - 2 017 / ORDER P ER : AMARJIT SINGH, ACCOUNTANT MEMBER : - THIS REVENUE S APPEAL FOR A.Y. 2011 - 1 2 , AR ISES FROM ORDER OF THE CIT (A) - I , SURAT DATED 30 - 03 - 2015 IN APPEAL NO. CAS - I/351 /20 13 - 14 , IN PROCEEDINGS UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT . 2. NONE APPEARED ON BEHALF OF THE ASSESSEE AT THE TIME OF HEARING. THEREF ORE, WE PROCEED TO DECIDE THE APPEAL EX - PARTE QUA THE ASSESSEE, AFTER HEARING THE LD. DR AND CONSIDERING THE MATERIAL AVAILABLE ON RECORD. I T A NO . 1682 / A HD/20 15 A SSESSMENT YEAR 2011 - 12 I.T.A NO. 1682 /AHD/2015 A.Y. 2011 - 12 PAGE NO ITO VS. SHRI RAMESH D. SHAH 2 THE REVENUE S SOLE SUBSTANTIVE GROUND OF APPEAL RELATE S TO THE DELETING OF RS.19 LAC DECLARED DURING SURVEY AS UNACC OUNTED INCOME . THE ASSESSEE HAS BIFURCATED THE INCOME IN THE DIFFERENT YEARS ON WHICH TAXES WERE ALSO PAID . THE LD. CIT (A) HELD THAT SAME CANNOT BE TAXED AGAIN ONCE THE DEPARTMENT HAS BROUGHT TO TAX THE SAME AMOUNT IN DIFFERENT YEARS. 3. WE HAVE HEARD T HE LD. DR AND GONE THROUGH THE RECORD AND THE IMPUGNED ORDER. THERE IS NO DISPUTE THAT THE NET TAX EFFECT IN THE INSTANT APPEAL IS LESS THAN RS. 10 LAC. WE FIND THAT THE CENTRAL BOARD OF DIRECT TAXES; HEREAFTER THE BOARD HAS ISSUED THE CIRCULAR NO. 2 1/ 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10 - 12 - 2015 CLEARLY ENVISAGING THEREIN THAT DEPARTMENT S PENDING APPEALS BEFORE THE TRIBUNAL/HIGH COURTS ARE TO BE WITHDRAWN/NOT PRESSED AS PER THE ABOVE ST ATED CIRCULAR . THE SAME HAS BEEN DECLARED TO BE HAVING RETROSPECTIVE EFFECT IN OTHER WORD S. WE TAKE INTO CONSIDERATION THE ABOVE STATED BOARD S CIRCULAR AND DISMISS THE INSTANT APPEAL ACCORDINGLY. IT IS FURTHER OBSERVED THAT IN CASE ON RE - VERIFICATION IT COME S TO THE NOTICE THAT TAX EFFECT IS MORE OR FALL WITHIN THE AMBIT OF EXCEPTION PROVID ED IN THE INSTRUCTION, THEN , THE DEPARTMENT WILL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR RECALL OF ORDER. SUCH APPLICATION SHOULD BE FILED WITHIN LIMITATION PRESCRIBED UNDER THE LAW . 4 . IN THE RESULT, THE R EVENUE S APPEAL IS DISMISSED AS HAVING LOW TA X EFFECT. ORDER PR ONOUNCED IN THE OPEN C OURT ON 22 - 09 - 2017 SD/ - SD/ - ( S.S. GODARA ) ( AMARJIT SINGH ) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD : DATED 22 /09 /2017 I.T.A NO. 1682 /AHD/2015 A.Y. 2011 - 12 PAGE NO ITO VS. SHRI RAMESH D. SHAH 3 / COPY OF ORDER FORWARDED TO: - 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. C IT (A) 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER/ , / ,