The ITO, Ward-1, Mehsana V. Shri Hitendrakumar Gandala Patel, Mehsana

ITA 2032/AHD/2016

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 6352 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 2 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-10-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 14-10-2019
• Assessment Year: 2007-2008
• Appeal Filed On: 04-08-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: LALIT P JAIN
• Assessee Lawyers: P M MEHTA
• Keywords: Tax effect
• Section: 143(3); 147

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, AHMEDABAD BEFORE SHRI WASEEM AHMED, ACCOUNTANT MEMBER & MS. MADHUMITA ROY, JUDICIAL MEMBER I.T.A. NO.2032/AHD/2016 (ASSESSMENT YEAR : 2007-08) INCOME TAX OFFICER, WARD - 1, MEHSANA. VS. SHRI HITENDRAKUMAR GANDALAL PATEL, TRIJO BHAG, AT & POST: BALOL, TA & DIST : MEHSANA AND CO NO. 24/AHD/2017 (IN I.T.A. NO.2032/AHD/2016) (ASSESSMENT YEAR : 2007-08) SHRI HITENDRAKUMAR GANDALAL PATEL, TRIJO BHAG, AT & POST: BALOL, TA & DIST : MEHSANA VS. INCOME TAX OFFICER, WARD - 1, MEHSANA. [PAN NO. ABHPP 6736 G] ( APPELLANT ) .. ( RESPONDENT ) APPELLANT BY : SHRI LALIT P. JAIN, SR. D.R. RESPONDENT BY : SHRI P. M. MEHTA, A.R. DATE OF HEARING 14 . 10 .2019 DATE OF PRONOUNCEMENT 15.10.2019 O R D E R PER MS. MADHUMITA ROY JUDICIAL MEMBER: THE INSTANT APPEAL FILED BY THE REVENUE ALONG WITH A CROSS OBJECTION FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER DATED 30.05. 2016 PASSED BY THE COMMISSIONER OF - 2 - ITA NO.2032/AHD/2016 AND CO NO.24/AHD /2017 SHRI HITENDRAKUMAR G. PATEL ASST.YEAR 2007-08 INCOME TAX (APPEALS) GANDHINAGAR, AHMEDABAD ARISI NG OUT OF THE ORDER DATED 16.03.2015 PASSED BY THE ITO, WARD-1, MEHSANA UNDER SECTION 147 R.W.S. 143(3) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED AS TO T HE ACT) FOR THE ASSESSMENT YEAR (A.Y.) 2007-08. ITA NO.2032/AHD/2016 FOR A.Y. 2007-08 : 2. AT THE TIME OF HEARING, IT WAS SUBMITTED BY THE LD.AR FOR THE ASSESSEE THAT APPEAL FILED BY THE REVENUE IS HIT BY RECENTLY ISSUED CBDT CIRCULAR NO.17 OF 2019 DATED 08/08/2019 REVISING THE PREVIOUS THRESHOLDS PERTAIN ING TO TAX EFFECTS. IT IS INTER ALIA NOTICED THAT THE CBDT VIDE INSTRUCTION NO. F. NO. 2 79/MISC/M-93/2018-ITJ DT. 20/08/2019 HAS OBSERVED THAT CIRCULAR NO.17/2019 DA TED 08/08/2019 RELATING TO ENHANCEMENT OF MONETARY LIMITS IS ALSO APPLICABLE T O ALL PENDING APPEALS. AS PER AFORESAID CIRCULAR READ WITH INSTRUCTIONS, ALL PEND ING APPEALS FILED BY REVENUE ARE LIABLE TO BE DISMISSED AS A MEASURE FOR REDUCING LITIGATIO N WHERE THE TAX EFFECT DOES NOT EXCEED THE PRESCRIBED MONETARY LIMIT WHICH IS NOW REVISED AT RS.50 LAKHS. IN THE INSTANT CASE, THE TAX EFFECT ON THE DISPUTED ISSUES RAISED BY THE REVENUE IS STATED TO BE NOT EXCEEDING RS.50 LAKHS AND THEREFORE APPEAL OF THE REVENUE IS REQUIRED TO BE DISMISSED IN LIMINE. 3. THE LEARNED DR FOR THE REVENUE FAIRLY ADMITTED T HE APPLICABILITY OF THE CBDT CIRCULAR NO. 17 OF 2019. ACCORDINGLY, APPEAL OF THE REVENUE IS DISMISSED AS NOT MAINTAINABLE. HOWEVER, IT WILL BE OPEN TO THE REVE NUE TO SEEK RESTORATION OF ITS APPEAL ON SHOWING INAPPLICABILITY OF THE AFORESAID CBDT CI RCULAR IN ANY MANNER. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. - 3 - ITA NO.2032/AHD/2016 AND CO NO.24/AHD /2017 SHRI HITENDRAKUMAR G. PATEL ASST.YEAR 2007-08 CO NO.24/AHD/2017 FOR A.Y. 2007-08 : 5. AT THE TIME OF HEARING OF THE MATTER, THE LEARNE D COUNSEL FOR THE ASSESSEE SUBMITTED BEFORE US THAT HE IS NOT PRESSING THE CO. HENCE, CO IS DISMISSED AS NOT PRESSED. 6. IN THE COMBINED RESULT, REVENUES APPEAL IS DISM ISSED AND ASSESSEES CROSS OBJECTION IS DISMISSED AS NOT PRESSED. THIS ORDER PRONOUNCED IN OPEN COURT ON 15/10/2019 SD/- SD/- ( WASEEM AHMED ) ( MS. MADHUMITA ROY ) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD; DATED 15/10/2019 PRITI YADAV, SR.PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / CONCERNED CIT 4. ) ( / THE CIT(A)-2, VADODARA. 5. , '#$$ / DR, ITAT, AHMEDABAD 6. %& '( / GUARD FILE. / BY ORDER, //TRUE COPY// / (DY./ASSTT. REGISTRAR) !'# / ITAT, AHMEDABAD