The ACIT, Cen. Cir.-2, RAJKOT-GUJARAT V. Shri JagdishPrasad N. Khatuwala, JAMNAGAR

ITA 198/RJT/2015

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 0119 (ITAT-RAJKOT)
• Duration Of Justice: 1 year(s) 5 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-10-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2011-2012
• Appeal Filed On: 13-05-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: YOGESH PANDEY
• Keywords: Retrospective amendment; Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH , RAJKOT BEFORE: SHR I S. S. GODARA , JUDICIAL MEMBER AND SHRI AMARJIT SINGH, ACCOUNTANT MEMBER [CONDUCTED THRO UGH E - COURT AT AHMEDABAD] ACIT, CENTRAL CIRCLE - 2 , RAJKOT (APPELLANT) VS SHRI JAGDISH PRASAD N. KHATUWALA SHREE SHYAM KRIPA , 29/2, PARAS SOCIETY, PANCHVATI, JAMNAGAR PAN: AEEPK537 0D (RESPONDENT) REVENUE BY : S H RI YOGESH PANDEY , CIT - D . R. ASSESSEE BY: S H RI CHETAN AGRA WAL , A.R. DATE OF HEARING : 03 - 10 - 2 016 DATE OF PRONOUNCEMENT : 17 - 10 - 2 016 / ORDER P ER : AMARJIT SINGH, ACCOUNTANT MEMBER : - THI S REVENUE S APPEAL FOR A.Y. 2011 - 12 , AR ISES FROM ORDER OF THE CIT(A) - 11, AHMEDABAD DATED 12 - 02 - 2015 IN APPEAL NO. CIT(A) - 11 / 6 3 7 - R / CC.2/2014 - 15 , IN PROCEEDINGS UNDER SECTION 153(A ) R.W.S. 143(3) OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT . I T A NO . 198 / RJT /20 15 A SSESSMENT YEAR 2011 - 12 I.T.A NO. 198 /RJT /20 15 A.Y. 2011 - 12 PAGE NO ACI T VS. SHRI JAGDISHPRASAD N. KHATURWALA 2 2. THE REVENUE S SOLE SUBSTANTIVE GROUND CHALLENGES THE LOWER APPELLATE ORDER DELETING THE ADDITION MADE BY THE ASSESSING OFFICER OF RS . 25,00,000/ - ; MADE IN ASSESSMENT ORDER . THERE IS NO DISPUTE THAT TH E 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. 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10 - 12 - 2015 CLEARLY ENVISAGING THEREIN THAT DEPARTMENT S PENDING APPEALS BEFORE THE TRIBUNAL/HIGH COURTS ARE TO BE WITHDRAWN/NOT PRESSED AS PER THE ABOVE STATED CIRCULAR.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 DIS MISSED AS HAVING LOW TAX EFFECT. ORDER PR ONOUNCED IN THE OPEN C OUR T ON 17 - 10 - 201 6 SD/ - SD/ - ( S. S. GODARA ) ( AMARJIT SINGH ) JUDICIAL MEMBER ACCOUNTANT M EMBER AHMEDABAD : DATED 17 /10 /2016 AK / COPY OF ORDER FORWARDED TO: - 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. I.T.A NO. 198 /RJT /20 15 A.Y. 2011 - 12 PAGE NO ACI T VS. SHRI JAGDISHPRASAD N. KHATURWALA 3 BY ORDER, ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, RAJKOT