The Jt.CIT, Mehsana Range, Mehsana V. Shri Roswelt Narottambhai Patel, Mehsana

ITA 2117/AHD/2015

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 8509 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 9 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-04-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2011-2012
• Appeal Filed On: 16-07-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD B BENCH BEFORE: SHRI S.S. GODARA , JUDICIAL MEMBER AND SHRI AMARJIT SINGH, ACCOUNTANT MEMBER THE ACIT , MEHSANA CIRCLE, MEHSANA (APPELLANT) VS SHRI ROSWELT NAROTTAMBHAI PATEL, 13 - SHREYAS SOCIETY, JAIL ROAD, MEHSANA PAN: ABHPP5399M (RESPONDENT) REVENUE BY : S H RI MUDIT NAGPAL , SR. D . R. ASSESSEE BY: SHRI HARDIK VORA DATE OF HEARING : 17 - 04 - 2 018 DATE OF PRONOUNCEMENT : 19 - 04 - 2 018 / ORDER P ER : AMARJIT SINGH, ACCOUNTANT MEMBER : - THIS REVE NUE S APPEAL FOR A.Y. 20 11 - 12 , AR ISES FROM ORDER OF THE CIT(A) , GANDHINAGAR, AHMEDABAD DATED 27 - 04 - 2015 , IN PROCEEDINGS UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT . 2. THE REVEN UE S SOLE SUBSTANTIVE GROUND CHALLENGE S THE LOWER AP PELLATE ORDER IN ADDITION ON ACCOUNT OF LONG TERM CAPITAL GAIN OF RS. 78,35, 7 9 0/ - . 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 CLEARLY ENVISAGING THEREIN THAT DEPARTMENT S PENDING APPEALS BEFORE THE TRIBUNAL/HIGH COURTS ARE TO BE I T A NO . 21 17 / A HD /20 15 A SSESSMENT YEAR 2011 - 12 I.T.A NO. 2117/AHD/2015 A.Y. 2011 - 12 PAGE NO ACIT V S. SHRI ROSEWELTH NAROTTAMBHAI PATEL 2 WITHDRAWN/NOT PRESSED AS PER THE ABOVE ST ATED CIRCULAR . THE SAME HAS BEEN DECLARED TO BE HAVING RETROSP ECTIVE 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 DISMISSED AS HAVING LOW TAX EFFECT. ORDER PR ONOUNCED IN THE OPEN C OURT ON 19 - 04 - 201 8 SD/ - SD/ - ( S.S. GODARA ) ( AMARJIT SINGH ) J UDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD : DATED 19 /04 /2018 / COPY OF ORDER FORWARDED TO: - 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER/ , / ,