The ACIT, Circle-2(2), Baroda V. M/s. The Baroda Lions Club Education Trust, Baroda

ITA 1993/AHD/2014

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 7987 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 5 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-12-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 27-09-2017
• Assessment Year: 2004-2005
• Appeal Filed On: 03-07-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUMIT KUMAR VARMA
• Assessee Lawyers: MILIND MEHTA
• Keywords: Tax effect

Judgement Text

, * ** * CH CHCH CH * ** * IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, AHMEDABAD BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER AND SHRI MAHAVIR PRASAD, JUDICIAL MEMBER !# I.T.A. NO.1993/AHD/2014 ( / ASSESSMENT YEAR : 2004-05) ACIT, CIR.2(2), 4 TH FLOOR, AAYAKAR BHAVAN RACE COURSE CIRCLE, BARODA 390 007 # VS. M/S. THE BARODA LIONS CLUB EDUCATION TRUST, BARODA HIGH SCHOOL, NR. MOTHERS SCHOOL, GOTRI, BARODA 390 007 $ # % & # PAN/GIR NO. : AAATB 2411 L ( !$' / APPELLANT ) .. ( ($' # RESPONDENT ) !$') # APPELLANT BY : SHRI SUMIT KUMAR VARMA, SR.D.R ($'*) / RESPONDENT BY : SHRI MILIND MEHTA, AR + ,*-. / DATE OF HEARING 30/11/2017 /012*-. / DATE OF PRONOUNCEMENT 13/12/2017 3# O R D E R PER MAHAVIR PRASAD, JUDICIAL MEMBER : THIS IS AN APPEAL BY THE DEPARTMENT AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX(APPEALS)-II, BARODA, DAT ED 25/03/2014 FOR THE ASSESSMENT YEAR (AY) 2004-05, ON THE FOLLOW ING GROUNDS: 2. AT THE OUTSET, THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE APPEAL OF THE REVENUE NEEDS TO BE DISMISSED ON ACCO UNT OF LOW TAX EFFECT IN VIEW OF THE REPRESENTATIVE FAIRLY ADMITTE D THAT THE TAX EFFECT IS LESS THAN THE LIMIT PRESCRIBED BY THE AFORESAID CBD T CIRCULAR. ITA NO. 1993/AH D/2014 ACIT VS.THE THE BARODA LIONS CLUB ASST.YEAR 2004-05 - 2 - 3. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE M ATERIAL AVAILABLE ON RECORD. WE FIND THAT PRIMA-FACIE THIS APPEAL OF THE REVENUE IS NOT MAINTAINABLE IN VIEW OF CBDT CIRCULAR NO. 21 /2015 IN F.NO.279/MISC. 142/2007-ITJ (PT) DATED 10TH DECEMBE R 2015, VIDE WHICH IT HAS BEEN PROVIDED THAT IF THE TAX EFFECT B Y VIRTUE OF THE COMMISSIONER OF INCOME-TAX (APPEALS)S ORDER IS BEL OW RS. 10 LACS, THEN THAT ORDER WOULD NOT BE CHALLENGED BEFORE THE TRIBUNAL IN FURTHER APPEAL. THE BOARD HAS PROVIDED EXEMPTIONS AT CLAUS E (8) OF THE INSTRUCTIONS WHEREIN IT HAS BEEN PROVIDED THAT THES E INSTRUCTIONS WILL NOT BE APPLICABLE, IF VIRES OF ANY PROVISIONS HAS B EEN QUASHED BY IMPUGNED ORDER OR ADDITION WAS MADE ON SOME AUDIT O BJECTIONS OR THE ADDITION RELATES TO UNDISCLOSED FOREIGN ASSETS/BANK ACCOUNTS, ETC. WE FIND THAT THE PRESENT CASE DOES NOT FALL WITHIN THE EXEMPTION CLAUSE AND THE TAX IS LESS THAN RS.10 LACS. THEREFORE, THE PRE SENT APPEAL IS NOT MAINTAINABLE AND HENCE DISMISSED. 5. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED IN LIMINE. THIS ORDER PRONOUNCED IN OPEN COURT ON 13/12/2017 SD/- SD/- - ( ) 4 5 ( N.K. BILLAIYA ) ( MAHAVIR PRASAD ) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD; DATED 13/12/2017 PRITI YADAV, SR. PS ITA NO. 1993/AH D/2014 ACIT VS.THE THE BARODA LIONS CLUB ASST.YEAR 2004-05 - 3 - !'# $#! # COPY OF THE ORDER FORWARDED TO : 1. !$' / THE APPELLANT 2. ($' / THE RESPONDENT. 3. 67- + 8- / CONCERNED CIT 4. + 8- 4!5 / THE CIT(A)-II, BARODA. 5. 9:;-67 !.!672 ! / DR, ITAT, AHMEDABAD 6. ;<=, # GUARD FILE. % & / BY ORDER, (9-- //TRUE COPY// '/& () ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD TRUE COPY