The DCIT, Circle-1(2), Ahmedabad V. Shri Rameshbhai Kalubhai Parmar, Ahmedabad

ITA 2163/AHD/2016

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 4397 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 8 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-05-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2011-2012
• Appeal Filed On: 17-08-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RICHA RASTOGI
• Keywords: Sale consideration of property below Jantri Value; Tax effect
• Section: 50C; 268A

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL, D BENCH, AHMEDABAD BEFORE SHRI RAJPAL YADAV, JUDICIAL MEMBER AND SHRI AMARJIT SINGH, ACCOUNTANT MEMBER ITA NO.2163/AHD/2016 / ASSTT. YEAR: 2011-12 DCIT, CIR.1(2) AHMEDABAD. VS. SHRI RAMESHBHAI KALUBHAI PARMAR PROP: MAHAKALI SCRAP TRADERS OPP: DELHI GATE B/H. LALKAKA MARKET DUDHESHWAR ROAD, AHMEDABAD. PA : ABEPP 0471 D ( APPLICANT ) ( RESPONENT ) REVENUE BY : MS.RICHA RASTOGI, SR.DR ASSESSEE BY : SHRI VIVEK CHAVDA, AR / DATE OF HEARING : 13/05/2019 / DATE OF PRONOUNCEMENT: 13/05/2019 +,/ O R D E R PER RAJPAL YADAV, JUDICIAL MEMBER: REVENUE IS IN APPEAL BEFORE THE TRIBUNAL AGAINST OR DER OF LD.CIT(A)-4, AHMEDABAD DATED 1.6.2016 PASSED FOR THE ASSTT.YEAR 2011-12. 2. ONLY ISSUE RAISED IN THE APPEAL OF THE REVENUE I S AGAINST THE ORDER OF THE LD.CIT(A) IN DELETING THE ADDITION OF RS.45.00 LAKHS MADE BY THE AO UNDER SECTION 50C OF THE INCOME TAX ACT. 3. THE LD. COUNSEL FOR THE ASSESSEE AT THE OUTSET S UBMITTED THAT THE APPEAL OF THE REVENUE DESERVES TO BE DISMISSED ON ACCOUNT OF LOW TAX EFFECT INVOLVED IN IT. HE SUBMITTED THAT THE TAX EFFECT ON THE ADD ITION DISPUTED BY THE REVENUE H IS BELOW RS.20 LAKHS, AND THEREFORE, BY VIRTUE OF THE CBDT INSTRUCTION BEARING NO.3 OF 2018 DATED 11.08.2018, THE REVENUE IS PROHIBITED FROM FILING ITA NO.2163/AHD/2016 2 SUCH APPEAL BEFORE THE TRIBUNAL THEREFORE, THE PRES ENT APPEAL IS NOT MAINTAINABLE AT THE THRESHOLD. THE LD.DR HAS NOT DISPUTED APPLICABILITY OF ABOVE CIRCULAR CITED BY THE LD.COUNSEL FOR THE ASSE SSEE, AND HAS NOT POINTED OUT WHETHER THE CASE OF THE REVENUE FALL WITHIN THE AMB IT OF EXCEPTIONS PROVIDED IN THE CIRCULAR OR NOT. THUS, KEEPING IN VIEW THE ABOVE CBDT CIRCULAR, WHICH IS APPLICABLE TO PENDING APPEALS ALSO, AND PROVISIO NS OF SECTION 268A OF THE INCOME TAX ACT, WE ARE OF THE VIEW THAT THE APPEAL OF THE REVENUE DESERVES TO BE DISMISSED. IT IS ACCORDINGLY DISMISSED. HOWEVER, IT IS OBSERVED THAT IN CASE ON RE-VERIFICA TION AT THE END OF THE AO IT COMES TO THE NOTICE THAT THE TAX EFFECT IS MO RE OR REVENUES CASE FALLS WITHIN THE AMBIT OF EXCEPTIONS PROVIDED IN THE CIRC ULAR, THEN THE DEPARTMENT WILL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR REC ALL OF THIS ORDER. SUCH APPLICATION SHOULD BE FILED WITHIN THE TIME PERIOD PRESCRIBED IN THE ACT. 4. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSE D DUE TO LOW TAX EFFECT. ORDER PRONOUNCED IN THE COURT ON 13 TH MAY, 2019 AT AHMEDABAD. SD/ - (AMARJIT SINGH) ACCOUNTANT MEMBER SD/ - (RAJPAL YADAV) JUDICIAL MEMBER