The ACIT, (OSD)Circle-9, Ahmedabad V. M/s. Shree Vraj Developers, Ahmedabad

ITA 2031/AHD/2012

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 1213 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 9 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-07-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 23-06-2016
• Assessment Year: 2007-2008
• Appeal Filed On: 10-09-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DINESH SINGH
• Keywords: Retrospective amendment; Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, AHMEDABAD BEFORE SHRI RAJPAL YADAV, JUDICIAL MEMBER ./ ITA.NO.2031/AHD/2012 / ASSTT. YEAR: 2007-2008 ACIT (OSD) CIR.9 AHMEDABAD. VS M/S.SHREE VRAJ DEVELOPERS 25, ASHOPALAV BUNGALOWS THALTEJ, AHMEDABAD. PAN : AAMFM 5512 H ! / (APPELLANT) '# ! / (RESPONDENT) REVENUE BY : SHRI DINESH SINGH, SR.DR ASSESSEE BY : NONE / DATE OF HEARING : 23/06/2016 / DATE OF PRONOUNCEMENT: 04/07/2016 $%/ O R D E R THE REVENUE IS IN APPEAL BEFORE THE TRIBUNAL AGAINS T THE ORDER OF THE LD.CIT(A)-XV, AHMEDABAD DATED 05.6.2012 PASSED FOR THE ASSTT.YEAR 2007- 08. 2. SOLITARY GRIEVANCE OF THE REVENUE IS THAT THE LD .CIT(A) IS ERRED IN ALLOWING THE CLAIM OF THE ASSESSEE IN RESPECT OF DE DUCTION UNDER SECTION 80IB(10) OF THE I.T. ACT. 3. NONE APPEARED ON BEHALF OF THE ASSESSEE. THEREF ORE, WE PROCEED TO DISPOSE OF THE APPEAL AFTER HEARING THE LD.DR AND C ONSIDERING THE MATERIAL AVAILABLE ON RECORD. 4. BEFORE GOING TO MERIT OF THE CASE, A QUERY HAS B EEN RAISED BY THE BENCH AS TO MAINTAINABILITY OF THE APPEAL OF THE REVENUE BEFORE THE TRIBUNAL IN VIEW ITA NO.2031/AHD/2012 2 OF CBDT CIRCULAR NO.21/2015 DATED 10.12.2015, WHERE BY THE BOARD HAS RESTRAINED THE DEPARTMENT NOT TO FILE APPEAL BEFORE THE TRIBUNAL WHERE THE TAX EFFECT IS BELOW RS.10 LAKHS. TO THIS, THE LD.DR WA S UNABLE TO CONTROVERT TO THE SAME. 5. WE FIND THAT THE REVENUE HAS FILED THIS APPEAL ON 10.9.2012. ON 10.12.2015 THE CBDT HAS ISSUED INSTRUCTIONS BEARING NO. 21/2015 PROHIBITING ITS SUBORDINATE AUTHORITIES FROM FILING OF THE APPEAL TO THE TRIBUNAL AGAINST THE ORDER OF THE CIT(A) WHERE THE TAX EFFEC T BY VIRTUE OF THE RELIEF GIVEN BY THE CIT(A) IS LESS THAN RS.10 LAKHS. THE INSTRUCTIONS HAVE BEEN MADE APPLICABLE WITH RETROSPECTIVE EFFECT, MEANING THEREBY, THESE INSTRUCTIONS ARE APPLICABLE ON PENDING APPEALS ALSO. IN THE PRE SENT CASE, ASSESSED INCOME IS RS.20,34,470/- AND THE DELETION CONTESTED BY TH E REVENUE OF RS.20,34,467/-. THE TAX EFFECT ON THIS IMPUGNED DEL ETION WOULD BE LESS THAN RS.10 LAKHS. THEREFORE, THE PRESENT APPEAL DESERVE S TO BE DISMISSED BEING TREATED TO BE FILED IN VIOLATION OF CBDT INSTRUCTIO NS. IT IS FURTHER OBSERVED THAT SINCE, WHILE HEARING THE APPEAL, SUCH FACTORS COULD NOT BE CROSS-VERIFIED, THEREFORE, IN CASE, ON RE-VERIFICATION AT THE END O F THE AO, IT CAME TO THE NOTICE THAT THE TAX EFFECT IS MORE OR IT FALLS WITHIN THE AMBIT OF EXCEPTIONS PROVIDED IN THE INSTRUCTION, THEN THE DEPARTMENT WILL BE AT LIB ERTY TO APPROACH THE TRIBUNAL FOR RECALL OF THIS ORDER. SUCH APPLICATIO N SHOULD BE FILED WITHIN LIMITATION PRESCRIBED UNDER THE LAW. IN VIEW OF TH E ABOVE, THE APPEAL OF THE REVENUE IS DISMISSED. 6. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSE D. ORDER PRONOUNCED IN THE COURT ON 4 TH JULY, 2016 AT AHMEDABAD. SD/- (RAJPAL YADAV) JUDICIAL MEMBER AHMEDABAD; DATED 04/07/2016