The ACIT, Circle-3, Surat V. M/s. Suyog Corporation, Surat

ITA 1938/AHD/2012

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 1590 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 8 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-05-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 03-05-2016
• Assessment Year: 2008-2009
• Appeal Filed On: 31-08-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A K PANDE
• Keywords: Tax effect
• Section: 244A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD C BENCH (BEFORE SHRI R. P.TOLANI, JUDICIAL MEMBER & SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER) ITA. NO: 1938/AHD/2012 (ASSESSMENT YEAR: 2008-09) ACIT CIRCLE-3, SURAT V/S M/S. SUYOG CORPORATION SHALIGRAM, F.P. NO. 118, T.P.S. NO. 31, ADAJAN, SURAT-395009 (APPELLANT) (RESPONDENT) PAN: ABCFS4151P APPELLANT BY : SHRI A.K. PANDE, SR. D.R. RESPONDENT BY : NONE (WRITTEN SUBMISSIONS) ( )/ ORDER DATE OF HEARING : 03-05-2016 DATE OF PRONOUNCEMENT : 04-05-2016 PER N.K. BILLAIYA, ACCOUNTANT MEMBER: 1. WITH THIS APPEAL, THE ASSESSEE HAS CHALLENGED THE C ORRECTNESS OF THE ORDER OF THE LD. CIT(A)-II, SURAT DATED 27.06.2012 PERTAINING TO A.Y. 2008-09. ITA NO .1938 /AHD/2012 . A.Y. 2008-09 2 2. THE GRIEVANCE OF THE REVENUE RELATES TO THE DIRECTI ON OF THE LD. CIT(A) TO THE A.O TO PAY FULL INTEREST U/S. 244A OF THE AC T. 3. BEFORE GOING INTO THE MERITS OF THE CASE, IN THE ST ATEMENT OF FACTS, THE ASSESSING OFFICER HAS STATED AS UNDER:- THEREFORE, CONSIDERING THE FACTS AND CIRCUMSTANCES OF THE CASE, THE DECISION OF THE LD. CIT(A) IS NOT ACCEPTABLE AND ALSO TAX EF FECT INVOLVED IN THIS CASE IS RS. 5,69,400/- WHICH IS ABOVE THE MONETARY LIMIT OF RS. 3 LACS PRESCRIBED BY THE BOARDS INSTRUCTION NO. 3/2011 DATED 09.02.2011 , FURTHER APPEAL TO THE HONBLE ITAT IS RECOMMENDED. 4. A PERUSAL OF THE AFOREMENTIONED OBSERVATIONS OF THE A.O CLEARLY SHOWS THAT HE WAS RELYING ON THE EARLIER CIRCULAR OF THE CBDT. NOW, THAT THE CBDT HAS REVISED THE MONETARY LIMIT VIDE CIRCULAR N O. 21/2015 DATED 10.12.2015 BY WHICH THE CBDT HAS DIRECTED NOT TO FI LE APPEAL IN CASES WHERE THE TAX EFFECT DOES NOT EXCEED RS. 10 LACS. 5. IN THE LIGHT OF THE AFOREMENTIONED CIRCULAR OF THE CBDT, THIS APPEAL OF THE REVENUE IS DISMISSED. 6. NEEDLESS TO MENTION, THAT IF THE REVENUE FEELS THAT THE APPEAL IS NOT HIT BY THE AFOREMENTIONED CIRCULAR OF THE CBDT, IT MAY APPROACH THE TRIBUNAL AS PER THE PROVISIONS OF THE LAW. ORDER PRONOUNCED IN OPEN COURT ON 04 - 05 - 201 6. SD/- SD/- (R.P. TOLANI) (N. K. BILLAIYA) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD: TRUE COPY RAJESH