The ITO, Ward-1(2), Ahmedabad V. M/S Baroda Brokers Pvt. Ltd., Ahmedabad

ITA 1706/AHD/2015

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 94771 (ITAT-AHMEDABAD)
• Duration Of Justice: 5 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-11-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 30-11-2015
• Assessment Year: 2008-2009
• Appeal Filed On: 11-06-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VILAS V SHINDE
• Assessee Lawyers: IRA R KAPOOR
• Keywords: Audit objection; Tax effect
• Section: 154

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD SMC BENCH AHMEDABAD BEFORE S/SHRI RAJPAL YADAV, JM, & MANISH BORAD, AM. ITA NO.1706/AHD/2015 ALONG WITH C.O.NO.130/AHD/2015 ASST. YEAR: 2008-09 INCOME-TAX OFFICER, WARD-1(2), AHMEDABAD. VS M/S BARODA BROKERS PVT. LTD., KLASSIC CHAMBERS, 2 ND FLOOR, NR. NAVRANGPURA POST OFFICE, AHMEDABAD. (APPELLANT) (RESPONDENT) PA NO.AAACB 7769E APPELLANT BY VILAS V. SHINDE, DR RESPONDENT BY MS. IRA R. KAPOOR, , AR DATE OF HEARING: 30/11/2015 DATE OF PRONOUNCEMENT: 30/11/2015 O R D E R PER MANISH BORAD, ACCOUNTANT MEMBER. THE REVENUE IS IN APPEAL BEFORE THE TRIBUNAL AGAIN ST THE ORDER OF THE LD.CIT(A)-I, AHMEDABAD, DATED 4 TH MARCH, 2015 PASSED FOR ASSTT.YEAR 2008-09. 2. ON THE NOTICE ISSUED ON REVENUES APPEAL, ASSESS EE HAS FILED CROSS OBJECTION BEARING NO.130/AHD/2015. SOLITARY G RIEVANCE OF THE REVENUE IS THAT THE LD.CIT(A) HAS ERRED IN LAW AND ON FACTS IN ALLOWING THE REBATE U/S 88E OF THE ACT FOR RS.40,56 6/- WHICH WAS WITHDRAWN BY THE AO WHILE PASSING ORDER U/S 154 OF THE ACT. ITA NO. ASST. YEAR 2 3. AT THE VERY OUTSET LD. COUNSEL POINTED OUT THAT THE TAX EFFECT INVOLVED IN THIS APPEAL BY VIRTUE OF DELETING THE R EBATE BY CIT(A) IS LESS THAN RS.3 LACS. THEREFORE, THE APPEAL IS NOT M AINTAINABLE. 4. THE LD. DR WAS UNABLE TO CONTROVERT THIS SUBMISS ION OF THE LD. COUNSEL. 5. IN THE CROSS OBJECTION THE ASSESSEE HAS PLEADED THAT APPEAL IS NOT MAINTAINABLE ON ACCOUNT OF LOW TAX EFFECT. SUB- SECTION (4) OF SECTION 253 CONTEMPLATES THAT ON RECEIPT OF NOTICE, THE RESPONDENT CAN FILE APPEAL WITHIN 30 DAYS AGAINST ANY PART OF THE IMPUGNED ORDER. THE ASSESSEE HAS NOT SHOWN ITS GRIEVANCE AGAINST TH E ORDER OF CIT(A). THE CROSS OBJECTION IS IN SUPPORT OF ORDER OF CIT(A) AND, THEREFORE, NOT MAINTAINABLE. 6. ON DUE CONSIDERATION OF THE FACTS, WE ARE OF THE VIEW THAT THE CBDT HAD ISSUED INSTRUCTION BEARING NO. 3/2011 [F. NO. 279/MISC. 142/2007-ITJ], DATED 9-2-2011 VIDE WHICH IT HAS BEE N PROVIDED THAT IF THE TAX EFFECT BY VIRTUE OF CIT(A)S ORDER IS BELOW RS.3 LAKHS, THEN THAT ORDER WOULD NOT BE CHALLENGED BEFORE THE TRIBUNAL I N FURTHER APPEAL. THE BOARD HAS PROVIDED EXEMPTIONS AT CLAUSE (8) OF THE INSTRUCTIONS WHEREIN IT HAS BEEN PROVIDED THAT THESE INSTRUCTION S WILL NOT BE APPLICABLE, IF VIRES OF ANY PROVISIONS HAS BEEN QUASHED BY IMPUGNED ORDER OR ADDITION WAS MADE ON SOME AUDIT OBJECTIONS ETC. WE FIND THAT THE PRESENT CASE DOES NOT FALL WITHIN THE EXEM PTION CLAUSE, THE ITA NO. ASST. YEAR 3 TAX IS LESS THAN RS.3 LAKHS, AND THEREFORE, THE PRE SENT APPEAL AS WELL AS THE CROSS ARE NOT MAINTAINABLE AND DISMISSED. 8. IN THE RESULT OF THE APPEAL OF THE REVENUE AS WE LL AS THE CROSS OBJECTION ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 30 TH NOV. 2015 SD/- SD/- (RAJPAL YADAV) JUDICIAL MEMBER (MANISH BORAD) ACCOUNTANT MEMBER DATED 30/11/2015 MAHATA/- COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE CIT(A) CONCERNED 5. THE DR, ITAT, AHMEDABAD 6. GUARD FILE BY ORDER ASST. REGISTRAR, ITAT, AHMEDABAD ITA NO. ASST. YEAR 4 1. DATE OF DICTATION: 30/11/2015 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE T HE DICTATING MEMBER: 30/11/2015 OTHER MEMBER: 3. DATE ON WHICH APPROVED DRAFT COMES TO THE SR. P. S./P.S.: 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE TH E DICTATING MEMBER FOR PRONOUNCEMENT: __________ 5. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE S R. P.S./P.S.: 6. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK: 30/11/2015 7. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK: 8. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER: 9. DATE OF DESPATCH OF THE ORDER: