DCIT, Circle-2 (1) (1), Surat V. M/s S. N. Tradelink Pvt. Ltd., Surat

ITA 1706/AHD/2017

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 6420 (ITAT-SURAT)
• Duration Of Justice: 3 year(s) 9 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-04-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2013-2014
• Appeal Filed On: 10-07-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: RASESH SHAH
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL SURAT BENCH, SURAT BEFORE SHRI PAWAN SINGH, HON'BLE JUDICIAL MEMBER AND DR.SHRI ARJUN LAL SAINI, HON'BLE ACCOUNTANT MEMBER (VIRTUAL HEARING) . . ./ I.T.A NO.1706/AHD/2017 [ [ / ASSESSMENT YEAR: 2013-14 THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(2), SURAT. VS . M/S.S.N.TRADELINK PVT. LTD., 3010-11, MOMAI COMPLEX, OUTSIDE SAHARA DARWAJA, NR.NEW BOMBAY MARKET, SURAT. [PAN: AAKCS 0060 R] / APPELLANT /RESPONDENT [ /ASSESSEE BY SHRI RASESH SHAH C A /REVENUE BY SMT. USHA SHROTE SR.DR / DATE OF HEARING: 1 5 . 0 4 .20 2 1 /PRONOUNCEMENT ON: 1 5 . 0 4 .202 1 /O R D E R PER PAWAN SINGH, JUDICIAL MEMEBER: 1. THIS APPEAL BY REVENUE IS DIRECTED AGAINST THE ORDER OF LD.COMMISSIONER OF INCOME TAX(APPEALS)-2, SURAT, HEREINAFTER REFERRED AS LD.CIT(A), DATED 07.04.2017 FOR ASSESSMENT YEAR (AY) 2013-14. 2. AT THE OUTSET OF HEARING, THE LD.AUTHORISED REPRESENTATIVE(AR) OF THE ASSESSEE SUBMITS THAT TAX EFFECT INVOLVED IN THE PRESENT APPEAL IS ONLY OF RS.32,60,518/- AND THE APPEAL IS LIABLE TO BE DISMISSED IN VIEW OF THE CBDT CIRCULAR NO.17/2019 DATED 08.08.2019. DCIT, CIRCLE-2(1)(2), SURAT VS. M/S.S.N.TRADELINK/ ITA NO.1706/AHD/2017 FOR A.Y. 2013-14 2 3. THE LD.DEPARTMENTAL REPRESENTATIVE(DR) FOR THE REVENUE SUBMITS THAT THE REVENUE MAY BE GIVEN LIBERTY TO GET THE APPEAL REVIVE, INCASE IF IT IS DISCOVERED THAT GROUNDS OF APPEAL RAISED BY THE REVENUE IS COVERED BY ANY EXCEPTION CLAUSE OF CIRCULARS OF CBDT. 4. WE HAVE CONSIDERED THE CONTENTIONS OF BOTH THE PARTIES AND PERUSED THE MATERIAL AVAILABLE ON RECORD. WE HAVE NOTED THAT THE LD.CIT(A) WHILE GRANTING RELIEF TO THE ASSESSEE, DELETED THE ADDITION OF RS.1.00 CRORE (APPROXIMATELY) ADMITTEDLY THE TAX EFFECT INVOLVED IN THE PRESENT APPEAL IS LESS THAN THE MONETARY LIMIT OF THE RS.50 LACS AS FIXED BY CBDT CIRCULAR NO.17/2019 DATED 08.08.2019. HOWEVER, THE REVENUE IS GIVEN LIBERTY TO GET THE APPEAL REVIVE IF AT LATER STAGE IT IS DISCOVERED THAT GROUNDS RAISED BY THE REVENUE IS COVERED BY ANY EXCEPTION CLAUSE OF CBDT, CIRCULAR DATED 20.08.2018. 5. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED ON 15 TH APRIL 2021 WHILE HEARING THE APPEAL. SD/- SD/- (DR. ARJUN LAL SAINI) (PAWAN SINGH) ( /ACCOUNTANT MEMBER) ( /JUDICIAL MEMBER) / SURAT, DATED : 15 TH APRIL, 2021 / #SGR COPY OF ORDER SENT TO:- ASSESSEE/AO/PR. CIT/ CIT (A)/ ITAT (DR)/GUARD FILE OF ITAT. BY ORDER / / TRUE COPY / / ASSISTANT REGISTRAR, SURAT