The ITO, Ward-9(2), Ahmedabad V. Jay Khodiyar Corporation, Ahmedabad

ITA 1763/AHD/2012

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 9783 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 5 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-01-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 29-01-2016
• Assessment Year: 2007-2008
• Appeal Filed On: 08-08-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DINESH SINGH
• Keywords: Retrospective amendment; Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD A BENCH BEFORE: S H RI PRAMOD KUMAR , ACCOUNTANT MEMBER AND SHR I S. S. GODARA , JUDICIAL MEMBER THE ITO, WD. 9(2), AHMEDABAD (APPELLANT) VS M/S. JAY KHODIAR CORPORATION, SHILP BUNGALOWS, OPP. MANOHAR VELA, NIKOL - NARODA PN: AAEFJ6934P (RESPONDENT) REVENUE BY : S H RI DINESH SINGH , SR. D . R. ASSESSEE BY: NONE DATE OF HEARING : 29 - 01 - 2 016 DATE OF PRONOUNCEMENT : 29 - 01 - 2 016 / ORDER P ER BENCH : - THIS REVENUE S APPEAL FOR A.Y. 2007 - 08, AR ISES FROM ORDER O F THE CIT(A) - XV, AHMEDABAD DATED 25 - 05 - 2012 IN APPEAL NO. CIT(A) - X V / ITO/9(2) /09 - 10, IN PROCEEDINGS UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT . I T A NO . 1763 / A HD/20 12 A SSESSMENT YEAR 200 7 - 08 I.T.A NO. 1763 /AHD/20 12 A.Y. 2007 - 08 PAGE NO ITO VS. M/S. JAY KHODIAR CORPORATION 2 2. THE REVENUE S SOLE SUBSTANTIVE GROUND CHALLENGES THE LOWER APPELLATE ORDER DELETIN G SECTION 80IB(10) DEDUCTION DISALLOWANCE OF RS. 14,87,760/ - , MADE IN ASSESSMENT ORDER DATED 30 - 12 - 2009. THERE IS NO DISPUTE THAT THE NET TAX EFFECT IN THE INSTANT APPEAL IS LESS THAN RS. 10 LACS. WE FIND THAT THE CENTRAL BOARD OF DIRECT TAXES; HEREAFTE R THE BOARD HAS ISSUED THE CIRCULAR 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10 - 12 - 2015 CLEARLY ENVISAGING THEREIN THAT DEPARTMENT S PENDING APPEALS BEFORE THE TRIBUNAL/HIGH COURTS ARE TO BE WITHDRAWN/NOT PRESSED AS PER THE ABOVE STATED CIRCULAR.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 T HE OPEN C OURT ON 29 - 01 - 201 6 SD/ - SD/ - ( PRAMOD KUMAR ) ( S. S. GODARA ) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD : DATED 29 /01/2016 AK / COPY OF ORDER FORWARDED TO: - 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) I.T.A NO. 1763 /AHD/20 12 A.Y. 2007 - 08 PAGE NO ITO VS. M/S. JAY KHODIAR CORPORATION 3 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER/ , / ,