INCOME TAX OFFICER, WARD, 4(1), Nagpur V. SHRI ANAND M. CHANDAK, Nagpur

ITA 214/NAG/2013

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 2207 (ITAT-NAGPUR)
• Duration Of Justice: 3 year(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-05-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2009-2010
• Appeal Filed On: 17-05-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Retrospective amendment; Tax effect

Judgement Text

1 ITA NO. 214/NAG/2013 IN THE INCOME TAX APPELLATE TRIBUNAL, NAGPUR BENCH, NAGPUR. BEFORE SHRI MUKUL K. SHRAWAT, JUDICIAL MEMBER AND SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER. I.T.A. NO. 214/NAG/2013 ASSESSMENT YEAR : 2009 - 10. THE INCOME - TAX OFFICER, ANAND M. CHANDAK, WARD - 4(1), NAGPUR. VS. NAGPUR. PAN ADAPC9810Q. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI R. MOHAN KUMAR. RESPONDENT : SHRI HIMESH DEMBLE. DATE OF HEARING : 15 - 04 - 2016 DATE OF PRONOUNCEMENT : 31 ST MAY, 2016. O R D E R PER MUKUL K. SHRAWAT, J.M. THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(APPEALS) - I, NAGPUR DATED 07 - 03 - 2013 DELETING THE PENALTY OF RS.5,75,000/ LEVIED BY THE AO U/S 271D OF I.T. ACT. 2. AT THE THRESHOLD IT IS NOTED THAT THE TAX EFFECT IN THIS CASE IS BELOW THE LIMIT FIXED BY THE CBDT FOR FILING APPEALS BEFORE THE INCOME TAX APPELLATE TRIBUNAL V IDE CBDT CIRCULAR NO. 21/2015 DATED 10 - 12 - 2015. IN THE SAID CIRCULAR IT HAS BEEN SPECIFIED THAT THE CIRCULAR WOULD HAVE RETROSPECTIVE EFFECT AND THE REVENUE WOULD NOT PRESS AND WOULD WITHDRAW SUCH APPEALS. THERE ARE CERTAIN EXCEPTIONS MENTIONED IN THE SA ID CIRCULAR. LEARNED D.R. COULD NOT POINT OUT THAT ANY OF THESE CASES ATTRACT THE EXCEPTIONS PROVIDED IN THE SAID CIRCULAR. IN THESE CIRCUMSTANCES, IN THE LIGHT OF THE ABOVE SAID CBDT CIRCULAR, THIS APPEAL IS DISMISSED ON ACCOUNT OF TAX EFFECT IN LIMINE. 2 ITA NO. 214/NAG/2013 3. IN THE RESULT, THIS APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 31 ST DAY OF MAY , 2016. SD/ - SD/ - (SHAMIM YAHYA) (MUKUL K. SHRAWAT) ACCOUNTANT MEMBER JUDICIAL MEMBER NAGPUR, DATED: 31 ST MAY , 2016. COPY FORWARDED TO : 1. SHRI ANAND M. CHANDAK, 202, SUBHEDAR APARTMENT, CONGRESS NAGAR, NAGPUR. 2. I.T.O., WARD - 4 )1), NAGPUR. 3. COMMISSIONER OF INCOME - TAX - ,NAGPUR. 4. CIT(APPEALS) - I, NAGPUR. 5. D.R., ITAT, NAGPUR. 6. GUARD FILE TRUE COPY BY ORDER ASSISTANT REGISTRAR, ITAT, NAGPUR WAKODE.