ITO, (International Taxation)-1, Ahmedabad V. Institute for Plasma Research, Gandhinagar

ITA 1921/AHD/2017

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 7927 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-12-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: I
• Assessment Year: misc
• Appeal Filed On: 23-08-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: ANIL R SHAH
• Keywords: Retrospective amendment; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD D BENCH AHMEDABAD BEFORE, SHRI S. S. GODARA, JUDICIAL MEMBER AND SHRI MANISH BORAD, ACCOUNTANT MEMBER ITA NOS. 1921 TO 1923/AHD/2017 [ASSESSMENT YEAR: 2015-16 (QUARTER - 3 RD , 1 ST & 4 TH )] INCOME TAX OFFICER, (INTERNATIONAL TAXATION)-I, 209, 2 ND FLOOR, NAVJEEVAN TRUST BUILDING, B/H GUJARAT VIDYAPITH, ASHRAM ROAD, AHMEDABAD APPELLANT VS. INSTITUTE OF PLASMA RESEARCH, BHAT-IPR, BHAT, GANDHINAGAR 382428 RESPONDE NT PAN / TAN: AAAAI0348C / AHMI00497A /BY REVENUE : SHRI SUMIT KUMAR VERMA, SR. D. R. /BY ASSESSEE : SHRI ANIL R. SHAH, A.R. /DATE OF HEARING : 22.12.2017 /DATE OF PRONOUNCEMENT : 22.12.2017 ORDER PER BENCH THESE THREE REVENUES APPEALS FOR ASSESSMENT YEAR 2 015-16 (QUARTER - 3 RD , 1 ST & 4 TH ) ARISE AGAINST THE CIT(A)-8, AHMEDABADS SEPARATE ORDERS; ALL DATED 06.06.2017 IN CASE NOS. CIT(A)- 8 / 241 / 15-16, CI T(A)- 8 / 240 / 15-16 & CIT(A)- 8 / 242 / 15-16, IN PROCEEDINGS U/S. 200A O F THE INCOME TAX ACT, 1961; IN SHORT THE ACT. ITA NOS. 1921 TO 1923/AHD/17 [ITO VS. INSTITUTE OF PLASMA RESEARCH] A.Y. 2015-16 (QTR. 3 RD , 1 ST & 4 TH ) - 2 - 2. WE NOTICE AT THE OUTSET THAT THE ASSESSING OFFIC ER HAS ISSUED TDS DEMANDS, IN QUESTION AMOUNTING TO RS.9,98,990/-, RS. 5,40,82 0/- & RS.4,19,870/- IN THE ABOVE THREE QUARTERS PERTAINING TO THE IMPUGNED ASS ESSMENT YEAR IN FURTHERANCE TO HIS ORDERS PASSED U/S. 200A OF THE ACT IN BOTH CASE S. THE SAME MAKE IT CLEAR THAT THE NET TAX INVOLVED IN THESE APPEALS IS LESS THAN RS.10LACS. WE FIND THAT THE CENTRAL BOARD OF DIRECT TAXES; HEREAFTER THE BOARD HAS ISSUED THE CIRCULAR NO. 21/2015 DATED 10.12.2015 CLEARLY ENVISAGING THEREIN THAT DEPARTMENTS PENDING APPEALS BEFORE THE TRIBUNAL/HIGH COURTS ARE TO BE W ITHDRAWN/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 ABO VE STATED BOARDS CIRCULAR AND DISMISS BOTH THE APPEALS ACCORDINGLY. 3. THESE THREE REVENUES APPEALS ARE DISMISSED AS H AVING LOW TAX EFFECT. [PRONOUNCED IN THE OPEN COURT ON THIS THE 22 ND DAY OF DECEMBER, 2017.] SD/- SD/- ( MANISH BORAD ) (S. S. GODARA) ACCOUNTANT MEMBER JUDICIAL M EMBER AHMEDABAD: DATED 22/12/2017 TRUE COPY S.K.SINHA / COPY OF ORDER FORWARDED TO:- / REVENUE 2 / ASSESSEE ! / CONCERNED CIT 4 !- / CIT (A) ( )*+ ,--. . /0 / DR, ITAT, AHMEDABAD 1 +23 / GUARD FILE. BY ORDER / . // . /0