The DCIT, Circle-4, Ahmedabad V. Gujarat Mineral Development Corporation Ltd., Ahmedabad

ITA 1960/AHD/2009

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 9805 (ITAT-AHMEDABAD)
• Duration Of Justice: 6 year(s) 6 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-01-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 04-01-2016
• Assessment Year: 2005-2006
• Appeal Filed On: 15-06-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R I PATEL
• Assessee Lawyers: S N SOPARKAR
• Keywords: Depreciation; Retrospective amendment; Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD A BENCH BEFORE: S H RI ANIL CHATURVEDI , ACCOUNTANT MEMBER AND SHR I S. S. GODARA , JUDICIAL MEMBER THE D CIT, CIR.4, AHMEDABAD, IST FLOOR NAVJIVAN TRUST BUILDING, OFF. ASHRAM ROAD AHMEDABAD (APPELLANT) VS GUJARAT MINERAL DEVELOPMENT CORPORATION LTD, KHANJI BHAWAN, 132 FT RING ROAD, VASTRAPUR AHMEDABAD PAN: AAACG798P (RESPONDENT) REVENUE BY : S H RI RI PATEL, CIT - D . R. ASSESSEE BY: S H RI S.N. SOPARKAR , A.R. DATE OF HEARING : 04 - 01 - 2 016 DATE OF PRONOUNCEMENT : 08 - 01 - 2 016 / ORDER P ER : S. S. GODARA , JUDICIAL MEMBER : - THIS REVENUE S APPEAL FOR A.Y. 200 5 - 06 , AR ISES FROM ORDER OF THE CIT(A) - VIII , AHMEDABAD DATED 27 - 02 - 2009 IN APPEAL NO. CIT(A) - VIII/JC - 4/237/07 - 08 , IN PROCEEDINGS UNDER SECTION 143(3) OF THE INCOME TAX A CT, 1961; IN SHORT THE ACT . I T A NO . 1960 / A HD/20 09 A SSESSMENT YEAR 200 5 - 06 I.T.A NO. 1960/AHD/2009 A.Y. 2005 - 06 PAGE NO D CI T VS. GUJARAT MINERAL DEVELOPMENT CORPORATION LTD 2 2. THE REVENUE S TWIN SUBSTANTIVE GROUND S CHALLENGE THE LOWER AP PELLATE ORDER DELETING DISALLOWANCES OF DEPRECIATION AND THAT ON ACCOUNT OF REHABILITATION EXPENSES OF RS. 5 LACS AND RS. 2, 99, 289/ - ; RESPECTIVELY MADE IN AS SESSMENT ORDER DATED 24 - 12 - 2007. 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; HEREAFTER THE BOARD HAS ISSUED THE CIRCULAR NO. 2 1/2015 DATED 10 - 12 - 2015 CLEAR LY ENVISAGING THEREIN THAT DEPARTMENT S PENDING APPEALS BEFORE THE TRIBUNAL/HIGH COURTS ARE TO BE WITHDRAWN/NOT PRESSED AS PER THE ABOVE ST ATED CIRCULAR . THE SAME HAS BEEN DECLARED TO BE HAVING RETROSPECTIVE EFFECT IN OTHER WORDS. WE TAKE INTO CONSIDERAT ION 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 THE OPEN C OURT ON 08 - 01 - 201 6 SD/ - SD/ - ( ANIL CHATURVEDI ) ( S. S. GODARA ) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD : DATED 08 /01/2016 AK / COPY OF ORDER FORWARDED TO: - 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMEDABAD I.T.A NO. 1960/AHD/2009 A.Y. 2005 - 06 PAGE NO D CI T VS. GUJARAT MINERAL DEVELOPMENT CORPORATION LTD 3 6. GUARD FILE. BY ORDER/ , / ,