The DCIT.Circle-8, Ahmedabad V. Suzlon Energy Limited, Ahmedabad

ITA 2173/AHD/2013

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 0233 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 2 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-10-2016
• Appeal Filed By: Department
• Bench Allotted: C
• Next Hearing Date: 25-10-2016
• Assessment Year: 2005-2006
• Appeal Filed On: 22-08-2013
• Court: TRIBUNAL
• Keywords: Retrospective amendment; Tax effect
• Section: 143(3)

Judgement Text

, C IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, AHMEDABAD BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER AND SHRI AMARJIT SINGH, ACCOUNTANT MEMBER ./ ITA NO.2173/AHD/2013 / ASSTT. YEAR: 2005-2006 DCIT, CIR.8 AHMEDABAD. VS SUZLON ENERGYLTD. SUZLON 5, SHRIMALI SCOIETY NR. SHREE KRISHNA COMPLEX NAVRANGPURA AHMEDABAD. PAN : AADCS 0472 N / (APPELLANT) / (RESPONDENT) ASSESSEE BY : SHRI TUSHAR HEMANI, AR REVENUE BY : SHRI PRASOON KABRA, SR.DR ! / DATE OF HEARING : 24/10/2016 '#$ ! / DATE OF PRONOUNCEMENT: 25/10/2016 %& / O R D E R PER SHRI S.S.GODARA, JUDICIAL MEMBER: THIS REVENUES APPEAL FOR ASSTT.YEAR 2005-06 ARISE AGAINST CIT(A)-XIV, AHMEDABADS ORDER DATED 14.6.2013 DELET ING SECTION 220(2) INTEREST OF RS.8,12,565/- IN PROCEEDINGS UND ER SECTION 143(3) RWS 254 OF THE INCOME TAX ACT, 1961. 2. LEARNED COUNSEL FOR THE ASSESSEE SUBMITS THAT AP PEAL OF THE REVENUE IS NOT MAINTAINABLE IN VIEW OF LATEST CBDT INSTRUCTION NO.21 OF 2015 DATED 10.12.2015 WHEREBY THE BOARD HAS RESTRIC TED DEPARTMENT NOT TO FILE APPEAL BEFORE THE TRIBUNAL WHERE TAX EF FECT IS BELOW RS.10 LAKHS. HE FURTHER SUBMITS THAT THIS INSTRUCTION IS RETROSPECTIVE IN ITA NO.2173/AHD/2013 2 NATURE, THEREFORE APPLICABLE TO ALL CASES PENDING B EFORE THE TRIBUNAL ALSO. THE LD.DR HOWEVER DID NOT CONTEST THIS SUBMI SSION OF THE LD.COUSNEL FOR THE ASSESSEE AND/OR APPLICABILITY OR OTHERWISE MERIT OF THE CBDT CIRCULAR CITED SUPRA. 3. AFTER GOING THROUGH RECORD WE FIND THAT REVENUE HAS FILED APPEAL BEFORE THE TRIBUNAL ON 22.8.2013. AS PER THE LATEST CBDT CIRCULAR NO.21/2015 DATED 10.12.2015 PROHIBITS FILING OF APP EAL BEFORE THE TRIBUNAL WHERE TAX EFFECT IS BELOW RS.10 LAKHS. FUR THER, THE ABOVE CIRCULAR HAS RETROSPECTIVE EFFECT AND THEREFORE APP EALS OF THE REVENUE PENDING AS ON THE DATE AND FALLING WITHIN THE MONET ARY LIMIT ARE ALSO COVERED BY THE CIRCULAR AND THEREFORE PRESENT APPEA L IS NOT MAINTAINABLE. 4. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSE D HAVING LOW TAX EFFECT. ORDER PRONOUNCED IN THE COURT ON 25 TH OCTOBER, 2016 AT AHMEDABAD. SD/- SD/- (AMARJIT SINGH) ACCOUNTANT MEMBER (S.S. GODARA) JUDICIAL MEMBER AHMEDABAD; DATED 25/10/2016