The DCIT(OSD)-1, Circle-4, Ahmedabad V. KHS Machinery Pvt.ltd., Ahmedabad

ITA 1749/AHD/2014

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 4121 (ITAT-AHMEDABAD)
• Duration Of Justice: 4 year(s) 8 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-02-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: I
• Next Hearing Date: 11-04-2017
• Assessment Year: 2005-2006
• Appeal Filed On: 06-06-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: T SHANKAR
• Assessee Lawyers: J P SHAH
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, AHMEDABAD BEFORE SHRI WASEEM AHMED, ACCOUNTANT MEMBER & MS. MADHUMITA ROY, JUDICIAL MEMBER I.T.A. NO.1749/AHD/2014 (ASSESSMENT YEAR : 2005-06) THE DCIT(OSD), CIR 4, AHMEDABAD, NAVJIVAN TRUST BUILDING, OFF. ASHRAM ROAD, AHMEDABAD. VS. KHS MACHINERY PVT. LTD., 53, MADHUBAN, ELLISBRIDGE, AHMEDABAD. [PAN NO.AABCK 2513 Q] ( APPELLANT ) .. ( RESPONDENT ) APPELLANT BY : SHRI T. SHANKAR, SR.D.R. RESPONDENT BY : SHRI J. P. SHAH, A.R. DATE OF HEARING 11.02.2019 DATE OF PRONOUNCEMENT 14 .02. 2019 O R D E R PER MS. MADHUMITA ROY - JM: THE INSTANT APPEAL FILED BY THE REVENUE IS AGAINST THE ORDER DATED 18.03.2014 PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS)-XXI, AHMEDABAD UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961 ARISING OUT OF THE ORDER DATED 22.12.2008 FOR THE ASSESSMENT YEAR 2005 -06. 2. AT THE TIME OF THE HEARING, WE OBSERVE THAT THE TAX EFFECT IN THE APPEAL FILED BY THE REVENUE IS LESS THAN RS. 20 LACS. AS P ER THE CIRCULAR NO. 3 OF 2018 DATED 11/07/2018 ISSUED BY CBDT RECENTLY ALL PENDIN G APPEALS FILED BY REVENUE ARE LIABLE TO BE DISMISSED/ WITHDRAWN/ NOT PRESSED TO REDUCE THE ITA NO.1749/AHD/2014 KHS MACHINERY PVT. LTD. ASST.YEAR 2005-06 - 2 - LITIGATION WHERE THE TAX EFFECT DOES NOT EXCEED THE PRESCRIBED MONETARY LIMIT, I.E., RS.20 LACS. THE RELEVANT EXTRACT OF THE CIRC ULAR IS REPRODUCED BELOW: 2. IN SUPERSESSION OF THE ABOVE CIRCULAR, IT HAS BEEN DECIDED BY THE BOARD THAT DEPARTMENTAL APPEALS MAY BE FILED ON MER ITS BEFORE INCOME TAX APPELLATE TRIBUNAL AND HIGH COURTS AND S LPS/ APPEALS BEFORE SUPREME COURT KEEPING IN VIEW THE MO NETARY LIMITS AND CONDITIONS SPECIFIED BELOW. 3. HENCEFORTH, APPEALS/ SLPS SHALL NOT BE FILED IN CASES WHERE THE TAX EFFECT DOES NOT EXCEED THE MONETARY LIMITS GIVE N HEREUNDER: S. NO. APPEALS/ SLPS IN INCOME-TAX MATTERS MONETARY LIMIT (RS.) 1. BEFORE APPELLATE TRIBUNAL 20,00,000 2. BEFORE HIGH COURT 50,00,000 3. BEFORE SUPREME COURT 1,00,00,000 THE MONETARY LIMIT FOR FILING THE APPEALS BY THE RE VENUE BEFORE THE TRIBUNAL HAS BEEN INCREASED TO RS. 20 LACS. IT IS A LSO CLARIFIED IN THE SAID CIRCULAR THAT THE SAID MONETARY LIMIT IS APPLICABLE RETROSPECTIVELY EVEN TO THE APPEALS PENDING BEFORE THE TRIBUNAL. THE CBDT H AS ALSO INSTRUCTED THAT SUCH PENDING APPEALS BELOW THIS SPECIFIED TAX LIMIT OF RS.20 LACS MAY BE WITHDRAWN / NOT PRESSED. IN THE CASE ON HAND, IT WAS NOTICED THAT THE TAX EF FECT ON THE DISPUTED ISSUE RAISED BY THE REVENUE IS CLAIMED TO BE LESS RS.20 L ACS. THEREFORE APPEAL OF THE REVENUE IS REQUIRED TO BE DISMISSED IN LIMINE IN TERMS OF THE ABOVE CIRCULAR. 3. THE LD. DR FOR THE REVENUE FAIRLY AGREED ON THE APPLICABILITY OF THE CBDT CIRCULAR NO. 3 OF 2018. ACCORDINGLY, THE APPEA L OF THE REVENUE IS DISMISSED AS NOT MAINTAINABLE. HOWEVER, THE REVENU E IS ON THE LIBERTY TO MOVE THE MISCELLANEOUS APPLICATION TO RECALL THE OR DER IF THE TAX EFFECT EXCEEDS ITA NO.1749/AHD/2014 KHS MACHINERY PVT. LTD. ASST.YEAR 2005-06 - 3 - THE THRESHOLD LIMIT OR THE CASE OF THE REVENUE FALL S IN ANY OF THE EXCEPTION PROVIDED IN THE AFORESAID CBDT CIRCULAR IN ANY MANN ER. THE MA SHALL BE FILED WITHIN THE PRESCRIBED TIME. HENCE THE APPEAL OF THE REVENUE IS DISMISSED. 4. IN THE RESULT, THE APPEAL FILED BY THE DEPARTMEN T IS DISMISSED. THIS ORDER PRONOUNCED IN OPEN COURT ON 14/02/2019 SD/- SD/ - ( WASEEM AHMED ) ( MS. MADHUMITA ROY ) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD; DATED 14/02/2019 PRITI YADAV, SR.PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / CONCERNED CIT 4. () / THE CIT(A)-XXI, AHMEDABAD. 5. , ! ', #$%% / DR, ITAT, AHMEDABAD 6. &' () / GUARD FILE. / BY ORDER , //TRUE COPY// / (DY./ASSTT.REGISTRAR) !, #$ / ITAT, AHMEDABAD