The DCIT, Circle-1(2), Baroda V. Jyoti Ltd., Baroda

ITA 1826/AHD/2011

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 1471 (ITAT-AHMEDABAD)
• Duration Of Justice: 4 year(s) 10 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-05-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 31-05-2016
• Assessment Year: 2008-2009
• Appeal Filed On: 19-07-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: MANISH J SHAH LETTER DATED R
• Keywords: Tax effect
• Section: 6

Judgement Text

I.T.A. NO . 1 826 /AHD/ 20 1 1 ASSESSMENT YEAR: 20 0 8 - 09 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL, AHMEDABAD D BENCH, AHMEDABAD [CORAM : PRAMOD KUMAR AM AND S S GODARA JM ] I.T.A. NO. 1 826 /AHD/ 20 1 1 ASSESSMENT YEAR : 20 0 8 - 09 DY. COMMISSIONER OF INCOME TAX .............. APPELLANT CIRCLE 1(2), BARODA. VS. JYOTI LIMITED, .......... . RESPONDENT NANUBHAI AMIN MARG, P.O. CHEMICAL INDUSTRIES, BARODA 390 003. [ PAN: A AACJ 4909 N ] APPEARANCES BY: SANJAY AGARWAL , FOR THE APPELLANT MANISH J. SHAH (LETTER DATED 31 .05.2016) , FOR THE RESPONDENT D ATE OF CONCLUDING THE HEARING : MAY 31 ST , 201 6 DATE OF PRONOUNCING THE ORDER : MAY 31 ST , 201 6 O R D E R PER PRAMOD KUMAR , AM : 1. BY WAY OF THIS APPEAL, THE ASSESSING OFFICER HA S CHALLENGED CORRECTNESS OF THE ORDE R DATED 23.05.2011 PASSED BY THE LEARNED CIT(A) FOR THE ASSESSMENT YEAR 2008 - 09. 2. WHEN THIS APPEAL WAS CALLED OUT FOR H E ARING, OUR ATTENTION WAS INVITED TO THE LETTER FILED BY SHRI MANISH J. SHAH, LEARNED COUNSEL FOR THE ASSESSEE, PO INTING OUT THAT THE TOTAL T A X EFFECT INVOLVED IN THE PRESENT CASE IS RS.5,06,145/ - AND ACCORDINGLY IN TERM S OF CBDT CIRCULAR NO.21/2015 DATED 10 TH DECEMBER, 2015 THE APPEAL FILED BY THE ASSESSING OFFICER SHOULD BE DISMISSED SUMMARILY. THE DETAILS OF TAX EFFECT GROUND - WISE A S ALSO COPY OF T HE CIRCULAR ISSUED BY CBDT WAS FILED BEFORE US. I.T.A. NO . 1 826 /AHD/ 20 1 1 ASSESSMENT YEAR: 20 0 8 - 09 PAGE 2 OF 2 3. WHEN THE SUBMISSIONS OF THE LEARNED C OUNSEL WERE PUT TO THE L EARNED DEPARTMENTAL REPRESENTATIVE, HE FAIRLY CONCEDED THAT IN VIEW OF THE TAX EFFECT BEING LESS THAN RS.10,00,000 / - , THE APPEAL CANNOT BE PRESSED. HE , HOWEVER , RELIED UPON THE STAND OF THE ASSESSING OFFICER , ON MERITS. 4. IN VIEW OF THE ABOVE F ACTUAL POSITION AND IN VIEW OF THE CBDT CIRCULAR NO.21/2015 DATED 10 TH DECEMBER, 2015 , WE ARE OF THE CONSIDERED VIEW THAT THE L EARNED C OU NSEL FOR THE ASSESSEE RIGHTLY CONTENDS THAT THE PRESENT APPEAL IS NOT MAINTAINABLE. W E , THEREFORE, DISMISS THE SAME IN LIMINE . THE ORDER OF THE L EARNED CIT(A) GRANTING RELIEF TO THE ASSESSEE STANDS CONFIRMED. 5. IN THE RESULT, APPEAL IS DISMISSED. PRON OUNCED IN THE OPEN COURT TODAY ON THE 31 ST DAY OF MAY , 2016. SD/ - SD/ - S S GODARA PRAMOD KUMAR (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) DATED: THE 31 ST DAY OF MAY , 2016. PBN/* COPIES TO: (1) T HE APPELLANT (2) THE RESPONDENT (3) CIT (4) CIT(A) (5) DR (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD